Recent Take Nothing Award
This matter involved a denied Specific Injury claim by the Applicant. The Defendant’s denial was based on the initial aggressor defense under LC 3600.
The Applicant claimed that he was involved in an altercation with his supervisor. It was stated by the Applicant that his supervisor was the initial aggressor, while the supervisor claimed that the Applicant was the initial aggressor. The Applicant sustained a laceration to his left eyebrow as a result of the altercation. When the Applicant retained counsel, he reported that he had pleaded a skin and contents claim.
Immediately after the incident, the Applicant went to the emergency room and got stitches. The only complaint he mentioned on the date of the injury was in regards to his eyebrow. One week later, he went back to get the stitches removed &, still, the only complaint that he had was in regards to his eyebrow.
Two days of trial on the matter, with out-of-state witnesses and the employer’s testimony regarding the fight, the Judge found that the Applicant was not the initial aggressor but threw out all of the body parts pleaded with exception to the left eyebrow. The matter then went forward, a year later, to the third day of trial with regards to permanent disability, temporary disability, and need for future medical care. The Judge issued a “findings of fact” and determined that the Applicant would “take nothing,” as the laceration to the left eyebrow is not ratable and thus, there is no temporary disability or need for future medical care.