Credibility Argument Persuades Jury to Exclude Future Medical From 3rd-Party Award

Despite a successful third-party lawsuit, a workers’ compensation carrier must still pay to treat an injured forklift operator because the suit’s damages did not include an award for future medical benefits. Though several physicians and a psychologist testified that James Thomas was in pain and in need of ongoing treatment, a jury believed the psychologist hired by the third-party company who testified that the 49-year-old father may be exaggerating his symptoms. The jury said Thomas had not done enough to reduce his damages and decided that the third-party company should not pa...