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Badly fractured wrist is not "serious" under Kreiner

Yet one more aberrant decision has come down, applying the Kreiner serious impairment test to protect an insurer from paying compensation.  In the instant case, Adams v. Hodge, the young woman suffered a badly fractured wrist.

The Plaintiff endured an extensive surgery and rebuilding of her wrist with a permanent plate and six screws.  She now wears a brace, permanently, to alleviate pain and swelling.  She missed thee months of work as an attendant at a casino, and required help, initially with her house work.  She still cannot vacuum or tie laced shoes.  She has constant pain with no expectation of permanent alleviation.  She has had to eliminate  a number of activities which she no longer can enjoy.  The judges termed her limitations and problems "inconveniences" that do not change the "trajectory" of her life, and denied her any compensation.

Thompson O’Neil, P.C.
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