The Liability Of A Company Nurse And The Cost Of Winning A Workers’ Comp Defense; You Can’t Hide Behind That Which Was Denied

This is a story of a workers’ comp claim denied, followed by what appears to be a herculean effort to seek protections under the same legal pretense that was previously refused. It is a lesson that we should be careful what you wish for; you just might end up getting what you deserve.

It is also a lesson that, outside the protections offered by workers’ compensation, an onsite nurse or medical clinic could be a significant liability.

A North Carolina man has sued his employer and the company nurse they employ alleging she misdiagnosed him after he suffered a stroke at work, and that he failed to receive timely treatment as a result. T

The company requested that the lawsuit be thrown out. They claimed that this was a workers’ compensation case, protected by exclusive remedy. It appears the court did not agree with their assessment.