This old wrestling move shouldn’t, but will probably lead to an Iowa Workers’ Compensation claim.
Today’s question reminds me of high school wrestling; a time when I had a problem even weighing eighty-five pounds. In 1968 I was a high school freshman and weighed less than eighty pounds. Ninety pounds was the lowest weight level in Rhode Island high school wrestling. A year later it was raised to 95 pounds. Today’s question brings me back in the day. Go figure.
Question: Can I sue if my back was hurting at work and my boss tried to pop it flipping me up on his shoulder?
Question Detail: I had a back injury at work. How I got injured has to do with my boss acting as a chiropractor. Can I sue if my back was hurting at work and my boss tried to pop it and flipped me up on his shoulder and bounced? The next day my back hurt so much worse I couldn't even get out of bed to go to work and a week later I am still hurting.
Answer: Yes, this sounds like the type of claim that literally arose out of your employment and it is likely covered under the workers' compensation act. Of course we both know your boss shouldn’t have done what he did, but he did and that ends the discussion about causation. Of course you need to “make the claim” or questions will arise as to how you were actually injured. He and his insurance company will examine everything you’ve done between the incident you describe and the date you report the claim as work related. They will attempt to blame other activity as the actual cause and the employer will more than likely claim his actions had nothing to do with your current condition.
So what was he trying to do by this chiropractic type of maneuver?
We used to pop each other’s backs in high school during wrestling. Allow me to demonstrate. First, cross your arms across your chest, then a guy gets behind you; he reaches around and with each hand takes an elbow, then leans back lifting you off the ground and hopefully your discs pop. It is much easier and safer when you’re younger; but probably not a smart thing for bosses to be doing at work.
Back to the Colts Wrestling Team…
They are no longer the Colts, but Mt. Hope High. So much for consolidation – the previous classes just disappear to the history books. Even my father attended high school in Bristol, but at Guiteras School. See Bristol, Rhode Island on Wikipedia.
Barbara, my wife, attended Bristol High School at the same time I did. She later rode in the Bristol 4th of July Parade as Miss Fourth of July in 1980. Those were fun times and not much has changed about the parade being a fun time.
As for your workers’ compensation claim, if we can help you give us a call. We’ve helped a lot of people over the past thirty years.
- Iowa Workers Compensation Commission – Iowa Industrial Commission
- Ruptured disc or spinal disc herniation
- Iowa Workers’ Compensation blog on the Lombardi Law Firm
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