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Ball, Ball, Matthews & Novak, P.A.
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December 2005 - Judgment for Employer – Cumulative Stress Disorder Rejected as Cause of Worker's Degenerative Back Condition

CV-04-210, Circuit Court of Barbour County, Eufaula Division.  Plaintiff contended that he hurt his back as a result of a specific traumatic event at work.  When the employer put forth evidence that no such incident occurred, the plaintiff alternatively contended that the degenerative changes in his spine were due to a cumulative stress disorder.  Plaintiff contended that standing at his work  station and twisting at the waist numerous times a day to place sheets of metal on a press,  caused degenerative changes to occur in his back.  Through testimony of the attending physicians, the plaintiff’s supervisor, and an ergonomic expert, defendant was able to convince the court that the plaintiff was not exposed to a greater risk of developing degenerative changes in his back that were materially in excess of that to which people are normally exposed in their everyday lives. This case was of great importance to the employer because the employer's manufacturing plant was filled with similarly situated employees who could have made the same claim.  The case was defended by Cowin  Knowles.

 

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Ball, Ball, Matthews & Novak, P.A.
Ball, Ball, Matthews & Novak, P.A. Ball, Ball, Matthews & Novak, P.A. Ball, Ball, Matthews & Novak, P.A.

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