Workers Comp Case Returns Vedict for Transportation Company

A Wichita-based transportation company found itself named as a defendant in a lawsuit brought by a former employee. The employee, who had suffered a groin injury and received workers’ compensation benefits, claimed that the company had fired him in retaliation for his claim. The transportation company hired Triplett Woolf Garretson, LLC to defend the lawsuit.

Attorney Derek Casey undertook the representation and developed evidence from a number of witnesses that the former employee had actually thrown a temper tantrum and quit his job. The case went to trial before a jury in Sedgwick County, Kansas. Through careful review of medical records, Derek was able to show the jury that the former employee had told his workers' compensation doctor that “he quit his job yesterday” but, at a later appointment, told the same doctor that he was still employed but not working because the company “did not have enough work for him” to do. Derek showed the jury that the former employee lied to the workers’ compensation doctor so as to protect his disability benefits – he would not be eligible for disability benefits under Kansas law if he had voluntarily quit his job. The jury deliberated and returned a verdict for the transportation company. There was no appeal.


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