Article ID: 632409e691e3566ca41adf857fb872647d12ccbec2c1fd9c585332ea991c6a1b
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URL: https://www.businessinsurance.com/court-upholds-denial-of-workers-second-shoulder-injury-claim/
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Court upholds denial of worker’s second shoulder injury claim - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Court upholds denial of worker’s second shoulder injury claim by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Sep 23, 2026 A Nebraska appeals court Tuesday upheld the denial of workers compensation benefits for a Smithfield Foods Inc. employee who claimed she injured her left shoulder by relying on that arm to compensate for limitations caused by a work-related right shoulder injury. Thuraiya Alhatel worked as a bacon arranger at Smithfield’s food processing plant in Crete, Nebraska. She sustained a compensable right shoulder injury in 2020 and underwent surgery in January 2021 before returning to modified duties, according to Thuraiya Alhatel v. Smithfield Foods Inc. , an unpublished decision filed in the Nebraska Court of Appeals. She argued that restrictions on using her right arm forced her to rely more heavily on her left, causing a second shoulder injury. The compensation court awarded permanent partial disability benefits and future medical expenses for her right shoulder but rejected the left shoulder claim. On appeal, Ms. Alhatel argued that the left shoulder condition was a natural consequence of the accepted injury and that the compensation court improperly relied on a physician’s revised causation opinion. The physician initially linked the left shoulder condition to her work but changed his opinion after receiving a corrected account of her employment history and duties. The compensation court found his later testimony more credible. The appeals court said a worker seeking benefits for a subsequent injury must establish its causal connection to the original injury, generally through expert medical testimony. It found no clear error in the compensation court’s assessment of the evidence. The court also rejected Ms. Alhatel’s challenge to Smithfield’s private communications with her treating physician, finding Nebraska law permitted the employer to seek relevant medical information and provide additional context. The decision also upheld a finding that her right shoulder reached maximum medical improvement in October 2021, precluding temporary total disability benefits after that date. 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