This Lowe’s employee was throwing pallets in a pallet trailer separating the good pallets from the bad. He lifted what appeared to be a normal size pallet to place on a high stack but when he got it u p overhead realized too late it was a CHEP pallet, a much heavier type. When he pushed it using his shoulder strength he felt a pop and suffered a massive tear of his rotator cuff. He had three surgeries to repair the shoulder and huge medical bills. Lowe’s denied the claim saying this wasn’t an Accident. Lowe’s argued it was a part of his usual duty and thus not compensable. To make matters worse, Lowe’s health insurance also denied his claim saying it should be worker’s comp. Lowe’s is self insured for both health insurance and worker’s comp. The employee was left without any insurance coverage at all! We argued successfully before the Commission a line of cases on the concept of Accident and on physical exertion exceeding the norm which led to the Full Commission affirming benefits for the injured worker. Lowe’s fought hard to deny this employee benefits but we fought harder. If you are getting bad treatment from your employer call us – we can help.
Call : 704-594-4317
