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One of two implants eligible for workers’ comp claim

Ever come across an unusual workers’ comp claim?

The North Carolina Supreme Court says a woman injured in a work-related car crash should be compensated for replacement of one of her breast implants, but not the other.

Penny Richardson was injured in a car crash while on her job as a certified nursing assistant.

One of her breast implants ruptured due to the crash, according to a doctor. Her other implant appeared to be rippled, but the doctor could not say for sure the rippling was caused by the crash.

Richardson had both implants replaced. The doctor said he replaced both implants because they’d have to be symmetrical and evenly matched.

The Workers’ Compensation Commission initially awarded her comp for both implant replacements. The insurance carrier appealed.

An appeals court ruled that replacement of the implant that was ruptured in the crash was compensable, but not the rippled implant because there was no evidence the rippling was caused by the crash.

Then, Richardson took her cause all the way to the state supreme court, which affirmed the appellate court’s ruling.

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