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Court Overturns Denial of Truck Driver's Claim

Tuesday, November 12, 2019 | 162 | 0 | 16 min read

The Louisiana Court of Appeal overturned the denial of a truck driver’s claim for benefits following neck surgery, finding he was entitled to a presumption that his need for the procedure was related to a 2009 accident.   Case: Smith v. Nu Verra Environmental Solutions, No. 52,908-WCA, 10/30/2019, published. Facts: Ernest Smith worked for Nu Verra Environmental Solutions driving an 18-wheel pump truck. In August 2009, Smith was heading to a well site when another 18-wheeler came around a curve at an excessive speed and crossed into his lane of travel. Smith’s truck was...

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