46 year old county highway worker suffered repetitive work injuries to his dominant right arm and both hands, after 6 ½ years working in the construction business using heavy equipment such as a road grater, backhoe, chainsaw and hammers, and all while building and constructing structures for the county. After conservative treatments failed to alleviate the problems, he underwent a right carpal tunnel decompression, right elbow endoscopy, and a right cubital tunnel release. This highway worker had to be off work for 18 5/7 weeks to recover from his injuries, and continued after treatment to suffer from residual effects such as difficulties gripping objects, limited movement in his wrists and a sore elbow most of the time. He could no longer lift heavier objects nor play sports and/or outdoor games as he could prior to the injuries. His case was settled for $35,243.24 based on 15% loss of use of dominate right arm; 20% loss of use of his right hand, and 15% loss of use of his left hand, all based on an average weekly wage of $532.00.
57 year old male truck driver received crushing injuries when a pile of plywood stacks he was loading onto his truck fell on him. He required 22 stitches on the back of his head and continued to have extreme pain in his left hip and leg, as well as pain in his right hip, leg and groin areas. He returned to work but was unable to complete a full day. This client was referred to a surgeon for further exam and testing, and who ultimately performed a right hip percutaneous pinning, requiring the use of screws, pins and guide wires. Three days after surgery the client was released from the hospital for return to light duty work. The client felt limited in his walking as work would bring on limping, weakness and soreness in both legs. Approximately 3 ½ months after his release from the hospital, the client was released from further care, still carrying the scar from the 22 staples used to close his head wound, and continued stiffness, pain and weakness in his right hip and buttocks, as well as occasional headaches. The employer paid all the T.T.D. and reasonable and necessary medical expenses. A settlement was negotiated in the sum of $61,070.40, representing 40% loss of use of the right leg, 2% loss of use of person as a whole, plus payment of any additional reasonable, related and necessary medical bills.
A 27 year old female factory laborer sustained repetitive injuries to her right dominant shoulder and arm during the course of her employment. As a result of this injury, the client had already had 4 surgical procedures. She was diagnosed with recurrent impingement, status post subacromial decompression, bursectomy and acromioplasty and a partial tear of the subscapularis tendon. The client was referred to pain management after surgery, although this laborer still had pain, stiffness and limited mobility in the right arm and shoulder, at the end of all treatment. The company accommodated her restrictions, providing her with sedentary work. All TTD benefits were secured for the period of time she was off work, and all medical bills were paid. This case was settled for the sum of $52,984.54, representing 65% loss of use of the right arm and mileage to and from medical treatment unavailable locally.
A 35 year old male truck driver was unloading freight in the rain from his trailer when he fell, landing on his left side/left arm. His doctor recommended an arthroscopic subacromial decompression to repair a supraspinatus rotator cuff full thickness tear. The surgery unfortunately failed. A second procedure approximately 9 months later was performed in the nature of a left shoulder arthroscopy/subscapularis tendon repair with suture anchor/revision supraspinatus rotator cuff tear repair. Four months later our client recovered but his strength was still reduced. Although the employer terminated this worker, he found a “lighter” duty position with another trucking firm. The client stabilized but with less than the desired results from his surgeries, limiting the type of work he can do. This case settled for the amount of $60,357.91, representing 37.5% loss of use of the left arm, plus the Respondent agreed to pay all reasonable and necessary medical bills.
A 35 year old male mechanic for a paving company sustained severe back injuries using two wrenches to remove a gear box. This mechanic felt immediate pain in his neck and left shoulder, feeling a spraining and pulling sensation in his neck and hearing it “pop”. Early complaints centered on significant neck pain, limited range of motion of the cervical spine and weakness in his left arm. Following unsuccessful consecutive care, anterior cervical discectomy at C4-5 was performed using a Zephir plating system and screws. Client attended work hardening and hereafter returned to full time work, though continuing to have neck and left arm stiffening and weakness. Heavy lifting, attempting heavy home chores and yard work continued to cause pain and numbness in his neck and arm. Right hand and wrist problems persisted ultimately leading to a carpal tunnel release. The parties reached a compromised settlement in the sum of $95,884.79, representing 27.5% body as a whole for neck disability and 20% loss of use of the right hand, plus the employer paid all medical bills related to both injuries.
A 59 year old male truck driver was injured while unloading his truck, was treated and diagnosed with a disc herniation and coccydina. After all conservative treatments failed, i.e. time off work, medications and injections, the client’s doctor recommended surgery. The client underwent an anterior discectomy, interbody fusion at L4/5, L5/S1 with 15mm allograft femoral ring bone spacers, anterior lumbar plating from L4 to S1 with 89 mm ATB plate. Client still complained of low back pain with radiation down the left thigh. After finishing physical therapy and a general conditioning program, client continued to have pain after extended periods of sitting or standing. The employer disputed the claim and disputed the reasonableness, necessity and relatedness of any and all of this trucker’s bills, and his major medical insurance paid his bills. Denial was based on the fact that when appeared at the emergency room, in order to insure medical coverage, he stated he had been working on his deck/porch at home. (As per Becky/Janet.) A settlement was reached on this case for $85,000.00 plus a Medicare Set Aside in the amount of $17,596.00. After negotiations with both the employer’s attorney and the medical providers, we were able put $67,608.63 total in the client’s pocket even after medical bill reductions.
A 69 year old male worker injured his back while working as an independent contractor for a trucking company. During the course of his employment when he was loading “padding blankets”, he fell, landing hard and forcefully on his buttocks, jarring his neck and back. He thereafter had trouble sitting, sleeping, etc. His doctor immediately diagnosed him with an old compression fracture and myofacial strain of his left sacroiliac joint and administered an epidural injection. After many visits to several doctors, and MRIs and a bone scan taken, it became apparent that our client had suffered an acute compression fracture of his L1 vertebral segment, posterior diffuse mild disc bulges L1-2 through L4-5, and minimal T12-L1, hypertrophic and degenerative changes noted in the posterior elements, and mild circumferential spinal stenosis at L4-5 as well as moderate bilateral neural foraminal stenosis at L3-4 and L4-5, with a healing fracture at L1. The company continued its denial of responsibility for his fall or for his well being based on the assertion that he was not an employee. Our client was devastated when his doctor told him he “was just not able to function any longer” and needed to complete disability paperwork. He felt like the accident ruined his life. He sold his truck because he could no longer drive it. His relationship with his wife was adversely affected and he became severely limited in what he could do. Even though the company continued its denial of the accident, average weekly wage and TTD benefits, this case was settled for $35,000.00, due largely to the defendant’s viable defense of lack of employer/employee relationship required for workers to be successful in such cases.
A 43 year old female passenger in a vehicle was rear-ended by another driver when her vehicle was stopped to make a right hand turn. The estimated speed of the other vehicle was estimated at 60 mph and such other driver was ticketed for failure to reduce speed to avoid an accident. Our client/passenger was only 2 weeks post-op for a back surgery. Our client lost two weeks’ work as a customer service representative for a medical billing company, but none of her medical bills were paid in a timely fashion. After experiencing pain and stiffness in her neck and back, radiating down her left leg and causing her leg to swell, she again went back to her doctor. After an MRI and other testing she was found to have one ruptured disc and one bulging disc in her neck. The doctor prescribed Flexeril for inflammation and ice packs, and recommended that she have an MRI of her cervical spine. The MRI showed a posterior disc at C 4-5 with degenerative changes at C 5-6 and the doctor recommended epidural injections and reduced work hours to only part time. The spinal injections were not successful and she continued to have neck, back pain with numbness and pain down her left leg. Her doctor then recommended another MRI with and without infusion. He diagnosed her with cervical disc syndrome and HNP (herniated nucleus pulposus at L4-5 status post laminectomy). He prescribed Celebrex, Lyrica and Oxy IR5 for pain. She was subsequently diagnosed with Fibromalgia, and post-op lumbar laminectomy with no evidence of disc herniation. She continued to have pain and swelling in her left leg. She continued to have pain and swelling and was diagnosed by still another doctor that she had myalgia and ordered her to rest often, drink 8-10 glasses of water/juice a day, and to avoid strenuous activity or exercise. The unpaid medical bills and lost wages weighed heavily on our client in terms of stress and anxiety, in addition to all the pain, suffering and aggravation of her medical condition. The insurance carrier for the ticketed driver first initially offered $1,000.00. Her medical expenses alone were well over $18,000.00, not to mention her lost wages. Prior to trial, after just filing suit and discovery had concluded, we were finally able to secure a negotiated settlement for $49,152.00, based on the policy limits of $50,000.00, less the lost wages which were advanced to her, and based as well on the fact that her injuries to her neck, back and head from this incident are chronic.
A 40 year old male truck driver was assaulted at a truck stop while making a run for his employer. He was struck in the head, knocking him unconscious for approximately 9 hours, receiving severe head, facial and right elbow injuries when he fell to the ground. He underwent a right elbow arthrotomy with irrigation and debridement, a revision surgery of a left lower lip scar as well as intra-oral mucosal scarring. This worker also suffered a severe concussion, was diagnosed with post traumatic stress syndrome and chronic headaches from his post-concussion syndrome. After undergoing neuropsychological evaluations he was found to be suffering from moderate, residual deficits in the areas of response speed and mental stamina, and memory problems when fatigued. The doctor told him he could no longer drive a truck due to his type of residual injuries and the medications he requires. The employer made an initial settlement offer of $132,158.25 representing 45% loss of use of body as a whole, with several options only for payment in a structured settlement method. After further trial preparation and aggressive negotiations, we were able to settle the case just before trial for almost three times that amount, or $300,000.00. In addition to a one-time lump sum payment of $22,732.10, this 40 year old worker will receive by virtue of the settlement approximately $496.86 in monthly payments for the rest of his life, generated over his life expectancy of approximately 38 years, but with payment continuing for as long as he shall live.
A 43 year old female suffered repetitive injuries to wrists and elbows at the place of her employment after performing the same job for approximately eight and one-half (8 ½) years.She was diagnosed with carpal tunnel syndrome in both wrists and cubital tunnel syndrome in both elbows. She underwent bilateral endoscopic carpal tunnel releases on each wrist and cubital tunnel releases on each elbow. The case was settled after substantial negotiations with the respondent’s attorney for the amount of $75,082.62, representing permanent partial disability of 20% of the right hand; 18% of the left hand; 21.75% of the left arm; and 23% of the right arm, and all at her modest average weekly wage of $438.11. The employer paid all reasonable and necessary medical bills.
A 30 year old male was injured when he attempted to open a stuck tractor trailer door. The physical force used to pull down the stuck trailer door caused him immediate and extreme pain in his neck and left shoulder. Physical exams by his doctor revealed it was, in fact, his neck that was injured and causing him problems that required surgical repair. This case was settled for the sum of $79,396.10, representing 27½% loss of a person as a whole, reimbursement of various medical bills and disputed mileage expenses. In addition the settlement amount the employer agreed to pay all reasonable and necessary medical bills for this truck driver.
A 49 year old male state worker was struck by equipment several times during the course of performing repetitive tasks at work after 25+ years on the job. The client suffered injuries to his right hand/arm, left hand/arm, neck, right/left shoulders and arms, back, hips, buttocks, right/left legs and right elbow. While the employer disputed part of the claims, prior to litigation the parties were able to negotiate a settlement in the amount of $99,900.00, representing 2% body as a whole (neck), 12.5% loss of use the right hand; 12.5% loss of use the left hand; 15% loss of use the right elbow, and 25% loss of use of the left elbow.
A 29 year old female laborer on a factory line sustained severe injuries to her right shoulder and arm during the course of her employment. She informed her employer that after nine (9) years working on the line and lifting as much as 80 pounds at a time that this was too much for her to handle and that the repetitive motion was causing her right shoulder and arm to hurt. The employer kept insisting she could handle it. While she was working and with co-workers present, her shoulder “popped”. She felt immediate numbness and tingling and was unable to use her right arm and shoulder. She was later diagnosed with a partial rotator cuff tear and an impingement syndrome. The client had to undergo 3 separate surgeries, the last one being for right shoulder arthroscopic revision, subacromial decompression, bursectomy and acromioplasty in an effort to heal her and regain the use of her arm and shoulder. Furthermore, the client had to undergo physical therapy and pain management to control the pain after surgery. Through the negotiations between our firm and the employer’s attorney, the client’s case was settled for the sum of $52,984.54, representing 65% loss of use of the right arm, and reimbursement for travel expenses to and from medical treatment. In addition, the employer paid all of the client’s medical expenses related to the case.
A 37 year old male fell off the employer’s truck, causing injuries to his right shoulder and lumbar/cervical spine. The employer disputed all relevant facts to this incident, including the actual accident itself, disputed all TTD benefits, and denied that the client was disabled for any period of time. Although the client had undergone surgery to repair a posterior labral tear of the right shoulder, and had a failed disk fusion at L3-4, the employer continued to dispute the case. The aggressive actions of our firm in protecting the client’s rights and benefits under the Illinois Workers’ Compensation Act prevailed. The client and employer agreed to settle the case for the sum of $170,000.00, based on a disputed impairment of earnings claim, and all based on the client’s life expectancy of 38 years.
A 34 year old female prison guard was seriously injured when she tripped and fell on the walkway while going to work. She sustained injuries to her low back, left wrist, left shoulder, left hip and left knee. The injuries included a left hip labral tear, low back strain and right knee pain which was caused from her subsequent greater reliance on her right leg when walking. Her doctor told her there was no assurance that any surgical procedure would improve her condition and she declined surgery. The client’s doctor eventually diagnosed her as permanently and totally disabled from work. Through the assistance of our office the client received a settlement of $149,999.00 which represented 15% loss of use of the left leg, 45% loss of body as a whole, 5% loss of use of the left arm and 3% loss of use of the left hand.
A 30 year old male concrete worker was diagnosed with severe carpal tunnel syndrome in the right hand as well as chronic left carpal tunnel syndrome. He underwent a right carpal tunnel surgical release and thereafter continued to experience increased numbness in the right thumb, index, middle finger and radial half of the ring finger. In addition he noticed increased swelling, stiffness and pain in his right hand and wrist and sought a second opinion. His new doctor found a severe right median nerve neuropathy. In addition, there was severe scarring and adhesions around the median nerve, and extensive synovitis around the flexor tendons at the level of the carpal tunnel at the wrist. The doctor performed a second right carpal tunnel release which included the removal of scar tissue and a sural nerve graft. Approximately one year later, the client had a left carpal tunnel release surgery performed. The concrete company disputed his case as to nature and extent of injury, medical causation and TTD benefits, among other things. Our law firm was able to reach a compromised settlement for our client in the amount of $191,321.87, even with his modest average weekly wage of $401.38. The client’s reasonable and necessary medical expenses were paid in full in addition to the settlement amount.
A 48-year old man felt a sharp pain in his neck and left shoulder which was reported to the employer . He eventually went to the E.R. where he learned he had an impingement at the C4-5 disc that was herniated and that the L4-5 disc was displaced. In addition he had rotator cuff tendinitis on the left shoulder. After undergoing surgery, he returned to work only to find his employer unable to comply with his work restrictions. Due to lost wages, travel, and medical expenses, this case was settled for $50,000.00.
A 42-year old female suffered repetitive injuries in both hands, wrists, and the right shoulder from 7 years of manual labor . She was diagnosed with bilateral carpal tunnel syndrome in her hands and wrists, and rotator cuff tendinopathy and impingement of the right shoulder due to bone spurs on the distal clavicle. Plaintiff underwent many treatments and surgeries to try to improve her movement, though she never fully recovered. Settlement was reached at $52,500.00.
41-year old female injured falling at work while loading pallets . She suffered immediate pain and lost the use of her right wrist. An X-ray revealed a distal radius fracture, and she was placed in an arm cast. Upon her next check-up she learned that the fracture had shifted and she was suffering from ECU tendonitis. Plaintiff was off work a total of 11 4/7ths weeks and received a $9,999.00 settlement.
53-year old female struck by vehicle driving too fast for conditions . She was transported by ambulance to the E.R. where X-rays confirmed a mild central disc protrusion at C5-6 and C6-7 with mild anterior constriction of the dural sac. In addition Plaintiff suffered a ‘cold’ sensation in her teeth, which required six sessions of treatment by a dentist. After rigorous negotiations, the case was finally settled for $32,000.00.
21-year old female was rear ended by a car going too fast for conditions . After being transported by ambulance, she was diagnosed with cervical strain/sprain and head injury. She then had to see a neurologist due to continued headaches and blurry vision, which soon turned into facial numbness and tingling. She attended 34 sessions of therapy due to neck and back pain, and was unable to concentrate on school work for 4 months following the occurrence. The case was eventually settled out of court for $24,000.00.
43-year old male working on drilling rig fell onto motor below. He then underwent surgery to remove hardware from a previous incident in his leg, as well as surgically repair damage in his left knee from this accident. 2 months after his release he was still receiving skilled nursing in his home for wound care. After the employer would not accept him back for employment, he was forced to take a lesser paying job. In addition he still has trouble walking and standing. The insurance company was originally only willing to settle for 20% loss of the right leg, but after several counteroffers, the case was settled for approximately 50% of the right leg equating to $70,881.12.
41-year old male slipped and fell while on a worksite. An MRI was ordered where a parasagittal disc bulge was discovered. He was ordered to undergo physical therapy and continues to suffer from this accident. He is unable to sit for long periods of time and cannot carry heavy loads or walk long distances. He is also forced to limit play activities with his children. This case was settled for $23,136.79.
50-year old male injured his back while pulling on semi-truck trailer pin and then re-injured his back on a different date while performing the same duties . Doctors noted that he had a smaller spinal canal than average, so these injuries would only worsen. The doctors proceeded with surgery where a laminotomy and discectomy at L4-L5 were performed. Plaintiff had to take off work for 25 weeks, and still performs everyday activities with difficulty. Because of the extent of the subsequent back injuries, a settlement was negotiated for $20,000.00.
53-year old woman tripped over a stack of boxes scattered on the floor at her job. She was treated with a number of injections, physical therapy and medications, none of which relieved her constant pain. And MRI showed a left meniscus tear and fracture of the femoral condyle. The follow up examination revealed a horizontal cleavage tear extending about halfway throughout the body of the meniscus. After surgical intervention and five Hyalgen injections failed, a partial knee replacement was performed. This case was settled for $28,205.89 to cover medical bills, medication, and mileage.
43-year old female injured while performing repetitive work duties. She was diagnosed with severe chronic right carpal tunnel syndrome and right ulnar neuropathy at the elbow. Plaintiff was initially treated with bracing and medications, but was subsequently injured two months later. Again she was given medications and physical therapy. She has lost most strength in her right arm, and experiences pain and numbness on a regular basis. After several offers were presented, the case finally settled for $21,643.78 given this worker’s modest earning.
49-year old man was unloading a semi truck when he suffered a rotator cuff tear in his left shoulder . An x-ray showed significant narrowing of the subacromial space, severe glenohumeral arthritis, a large subacromial osteophyte, bone spur underneath the joint and widening of the glenoid. Plaintiff was ordered to physical therapy and kept on work restrictions. A later MRI demonstrated he was suffering from suprascapular nerve injury. Though plaintiff was released to full duties, he still suffers from these injuries and finds it hard to work as he did before the incident. Settlement was eventually reached at $28,186.74.
29-year old male was injured at work when he slipped and fell, twisting his right leg and knee. An x-ray showed a joint effusion and an MRI indicated an oblique tear on the posterior horn of the medial meniscus and a moderately large right knee effusion. He was ordered to go to physical therapy, however the therapy was not aiding in reducing the pain so the doctor suggested a right operative arthroscopy of the knee. Plaintiff still finds daily activities, such as walking up and down stairs, kneeling, bending and squatting, to be difficult and painful. Settlement was negotiated at $17,695.07 for 33 1/3% loss of his right leg for 71.66 weeks.
31-year old petitioner was injured when he hyper-extended his right knee by falling on work grounds. He was diagnosed with a right knee strain/sprain with tenderness and pain. When conservative treatments failed to relieve plaintiff’s symptoms, he was reexamined and diagnosed with chondromalacia of the right patella. He then underwent a right knee arthroscopy with chondroplasty of the trochlea. After a time of appropriate healing, he still experienced symptoms of mild tenderness over the right knee, along with weakness and swelling. This case was settled for $35,321.16.
37 year old male worker injured when a tong struck his leg . Medical testing revealed a displaced comminuted fracture of the mid-shaft of the right femur, as well as a right knee and back strain. This injury prevented the employee from returning to work, and left him unable to support his wife and four children. A settlement offer was initially made for $40,000, but declined due to insufficiency of offer. Final settlement was ultimately achieved for 60% loss of use of the leg, totaling $61,000, with a full medical recovery made for his back.
66 year old female injured while lifting a box of soda, tearing her rotator cuff. Doctors concluded that the shoulder was just “too far gone” to repair surgically. After her condition stabilized, she was nevertheless left with limits and restrictions in the usage of her arm. A final settlement offer was agreed upon, equating to $22,335.08, (given this worker’s low average weekly earnings), and which equated to her unpaid medical charges, medically-related travel, and 50% loss of her right arm.
29 year old female sustained repetitive trauma injuries from her job as a passenger tire builder. She was diagnosed with bilateral carpal tunnel syndrome and mild ulnar neuropathy at the left elbow. Settlement was achieved in a lump sum amount of $35,000 which included 18% loss of use of the right hand, 15% loss of use of the left hand, 3.5% loss of use of the left arm, and 5 weeks disfigurement to the right forearm.
56 year old male sustained injury to his left foot and leg as a result of falling off a truck while loading trusses for his employer. Treated with Dr. Heshmatapour and continues to have pain, swelling, discoloration and an uneven gait. Certain activities are prohibitive. Case settled for $16,500.
36 year old male sustained serious injury – right joint depression calcaneal fracture to his right heel and foot as a result of falling through a floor onto a concrete basement while in the course of his employment. Open reduction and internal fixation surgery as well as a popliteal nerve block was performed on the right foot. Has limited mobility and requires inserts in his footwear. Case settled for $49,009.33 which includes a claim for future medical expenses.
42 year old male sustained injuries to his neck and back while lifting a septic tank cover and slipped and fell in the rain in the course of his employment. An anterior cervical discectomy with an interbody fusion at C4-5 and C5-6 and anterior cervical vector T-plating. Postoperative diagnosis was a large central disc herniation at C4-5 with cervical stenosis and spondylosis at C5-6. Case was settled for $50,072.56
50 year old female was injured on two separate occasions at her place of employment. The first injury being when she severed her forearm with a utility blade and the second injury being when her hand was caught in a machine, severely crushing her left middle finger which resulted in a partial amputation. Surgery was performed to repair the transected medial antebrachial cutaneous nerve at the left mid-forearm followed by physical therapy. Three surgeries were performed to repair the left middle finger culminating with the partial amputation. Case settled for $19,536.55.
56 year old male was injured during the course of his employment when a large rock fell on his head, causing serious injuries including a Hangman’s fracture, which can cause death or paralysis and often causes death by suffocation. His neck was completely immobilized with the use of a SOMI vest. He was ultimately allowed to return to work. Case settled for $60,000.00.
69 year old male was injured during the course of his employment as a truck driver while attempting to release the back axles of his truck which resulted in a two-level disc herniation.An anterior cervical microdiscectomy and fusion was performed. He lost his job in the process and also explored a claim for constructive termination. Case settled for $100,000.
58 year old female manufacturing operations worker was injured from forceful job efforts. Petitioner initially complained of pain in her right hand, wrist and thumb due to applying force in the course of her job and alleges aggravation of pre-existing degenerative changes and development of Dequervain’s tenosynovitis. Petitioner was awarded the sum of $13,201.74 representing 18.75% loss of use of the right hand for permanency plus mileage. TTD was correctly paid and a hold harmless was obtained from Petitioner’s health insurance carrier.
68 year old female injured falling down stairs at work. She sustained injuries to her left shoulder, left arm and head. Petitioner was diagnosed as having a humeral neck fracture, abrasion to the left elbow and a superficial laceration to the left eyebrow. She was treated conservatively initially and then underwent a left proximal humeral hemiarthropasty for her displaced left proximal humerus fracture. The humeral was replaced with a prosthetic due to the severe fracture. She was then treated with therapy sessions. She was given permanent restrictions of no lifting overhead and no lifting over 20 pounds with her left extremity. Surgery most likely be needed from normal wear and tear of her glenoid and/or acromion from a rotator cuff deficiency. Petitioner awarded $26,311,49 for 60% loss of use of the left arm, permanency and medically related mileage. All medicals have been paid.
57 year old male correctional officer sustained ACL sprain while attempting to secure a gate on uneven ground for his employer. Petitioner diagnosed with post traumatic arthrosis of the left knee. Treated conservatively with medications, injections and viscoelastic therapy and Supartz injections. Total knee arthroplasty recommended in the future with medical left “open” for this surgery or related needs. Could not return to his former type of employment. Awarded $603.18 per week for life. (DA)
68 year old female manufacturing assembly operator sustained left shoulder and left hand/wrist injuries of impingement syndrome and left carpal tunnel syndrome while performing work duties for 23 years. Petitioner diagnosed with left shoulder impingement syndrome and left carpal tunnel syndrome as a result of repetitive motions required in her job. Treated conservatively with physical therapy, pain medications and injections for her shoulder, and medications and splinting for her hand/wrist. A left carpal tunnel release was subsequently performed when conservative measures failed to bring relief. Awarded settlements of $12,073.63 and $7,875.70, or a total of $20, 950.48 for permanency, unpaid TTD benefits, reimbursable medical charges and mileage plus the payment of any additional medical charges remaining unpaid. This represented approximately 20% of the left hand and 7-1/2% of the left arm. Due to her age, Petitioner was collecting social security benefits at the time of her injury (RAH)
36 year old female manufacturing assembly operator sustained injuries to her left wrist and hand while testing filters for her employer. Petitioner diagnosed with persistent de Quervain’s tenosynovitis of the first dorsal compartment of the left wrist and skin and subcutaneous tissue atrophy of the radial side of the left wrist as a result of an injection received.Treated conservatively with injections, splinting, work restrictions and medications. Release of severe deQuervain’s tenosynovitis of the first dorsal compartment of the left wrist was subsequently performed, with severe atrophy noted. Nerve conduction study subsequently performed revealed left superficial radial neuropathy with axonal and distal demyelinating features and evidence of a left distal medical neuropathy at the wrist, or carpal tunnel. Underwent a left open carpal tunnel release with resection and burying of the nerve and extension osteotomy. Awarded settlement of $21,447.81 for permanency, reimbursable prescription charges, mileage and medical charges yet unpaid.(AH)
35 year old male tire store employee sustained injuries to his head, face, torso, legs, knees, arms, shoulders and teeth when a tire exploded during installation. Petitioner sustained facial scarring (loss of soft tissue in the forehead region), tracheotomy scar, nose near totally avulsed and sinuses crushed. Petitioner underwent numerous surgical procedures, including two sinus surgeries, scar removal of the left cheek and an implant of bone for the nasal dorsum. Nasal difficulties were treated with conservative treatment, i.e. nasal sprays, filter mask and antibiotics. Subsequent recommendation for removal of hardware when conservative measures failed. Caldwell-Luc procedure of the maxillary sinus was performed. Petitioner experienced mood swings and uneasiness. Upon neurological evaluation, Petitioner had delayed visual memory and post traumatic amnesia. Initial CTs showed cerebral edema with paraenchymal and subaracnoid hemorrhages, depressed skull fracture and skull base fracture; multiple comminuted facial fractures throughout sinuses and post traumatic edema or tissue necrosis in the right occipital lobe, Awarded settlement of $60,000, representing near 50% loss of man as a whole; 40% loss of use of the left leg; 40% disfigurement; medically related mileage; and unpaid reimbursable medical charges for this low wage earner. (TS)
38 year old male fabricator injured at his place of employment due to repetitive trauma to both hands. Petitioner initially treated conservatively with night splints bilaterally while sleeping. Also placed on Relafan twice daily after meals. After conservative treatment failed, recalcitrant bilateral carpal tunnel syndrome was diagnosed and endoscopic carpal tunnel release surgery was recommended and performed on his right and left hand. Petitioner was awarded $41, 610.30 which represents 20% permanent partial disability of the right and left hands and underpaid and disputed TTD benefits in the amount of $1,500, unpaid medical charges and a hold harmless from reimbursement of any monies to any major medical insurance carrier. (TA)
32 year old female injured at her place of employment due to auditing work as a split case picker. She sustained injuries to her back, left shoulder, arm and other body parts. Petitioner was initially diagnosed with left shoulder strain/sprain and was placed on light duty and scheduled for physical therapy. When conservative treatment failed, she was seen by orthopedic physician. Initial evaluation indicated a left shoulder AC joint sprain with degenerative changes. Cortisone injections were given. Her diagnosis transformed to left shoulder rotator cuff tendinopathy. After the injections failed to bring petitioner relief, a left shoulder arthroscopy, subacromial decompression and distal clavicle resection surgery was performed followed by physical therapy. Petitioner was awarded $28, 411.14 representing lump sum settlement for permanency and unpaid medical charges. All TTD and medical benefits recovered in the correct amounts previously.(TR)
45 year old female sustained back injury while attempting to pick up a case of product. Petitioner’s diagnosis was a large central disk herniation and degenerative disk disease at L4-5.She underwent posterior cervical bilateral laminectomy and discectomy interbody fusion at the L4-5 with allograft bone spacer. Settled for $44,000. (BR)
46 year old female sustained injury to her left shoulder while pushing a stack of totes which caught, jolting her shoulder. Plaintiff was terminated while undergoing treatment for her work injuries and Respondent refused to allow her to return to work. She found employment at two places on her own and her request for vocational rehabilitation went unheeded by her employer. Settled for $235,000.00. (TM)
58 year old gravedigger sustains 2 injuries while performing duties for employer – Petitioner sustained lower back and left hip and leg injuries when a “cave in” caused him to be injured. He sought treatment, in the form of cortisone injections and physical therapy, but continued to work. On a subsequent incident, he was performing his work duties and a heavy door started to fall on him, and he was injured as he tried to prevent it from falling on him. He was diagnosed with a complete left arm tear of the supraspinatus tendon. He obtained a 35% permanent partial disability for his left arm at his modest earnings rate, as well as all medical expenses resulting in a total cash settlement of $14, 805. (RU)
34 year old male injured due to repetitive trauma as a factory laborer – Petitioner suffered repetitive injuries to both hands as the result of his job duties. He had performed the same job for over 5 years which required repetitive pushing, pulling and reaching with both hands and arms. He was diagnosed with bilateral carpal tunnel syndrome. This case settled for $32, 646 plus over $5,000 in unpaid medical charges and represented approximately 20% loss of use of the right hand and 19.25% loss of use of the left hand, almost exactly the initial demand! (CS)
49 year old male suffers carpal tunnel syndrome – Petitioner was injured while working as a stockman when he picked up a box from a stock delivery and felt a pop in his right dominant hand and arm. He was diagnosed with traumatically induced carpal tunnel syndrome of his right, dominant hand. After much deliberation, a settlement of $35,000 was reached. This result was nearly equivalent to the initial demand presented to the employer and insurance company at the onset of negotiators. (RT)
Petitioner injured while moving heavy products as a service man – He was diagnosed with an L5-S1 annular tear with a central herniation and an annular tear at L4-5 after moving heavy merchandise. The case was disputed and a positive outcome reached with payment of all medical bills and a settlement obtained of $75,000 for permanent partial disability. (JL)
40 year old man develops severe back pain after lifting and driving – He was working as a delivery person and was lifting a heavy bag when he felt pain in his back. Within a few days the pain was radiating down into his buttocks, hip and left leg. He sought treatment for his injuries. He then switched jobs to driving only. The long periods of driving, however, caused the symptoms to increase. He required future medical follow-up care and was reimbursed for his pervious medical costs and was given monies for future medical care. His recovery sum was approximately $39,494 which was in excess two times more than his initial demand! DD
Woman injured after losing her balance – She was injured while trying to grab a bag from a conveyor and lost her balance. Her right hand and arm were caught in the loader and struck by working machinery. She was taken to the emergency room and treated for deep abrasions on the dorsum of her right forearm as well as abrasions on the right hand. She also suffered a fracture of the wrist. She now has permanent scarring on her right hand and forearm. Settlement was reached for 33.3% loss of use of her right hand and 7.5% disfigurement of the right arm, or a total of $17,800. ZS
Woman injured while moving heavy merchandise at work – Petitioner sought treatment and a doctor noted that she had tenderness to palpation in the right upper, middle and lower trapezius muscles and also tenderness of the right gluteal region and right SI joint. She was instructed to continue on light duty with no heavy lifting, pushing or pulling. Her employer would not allow her to return to work until she was released to full work duty. After several months, she was released to work, but again began having pain in her back and returned for further evaluation and medical treatment. An MRI was then obtained to reveal disc bulging. She still continued to have back pain after standing and working for long hours. She tried to do some heavy lifting and pushing, but could not do her job as well as before the injury. A compensation package was secured for her in the amount of $26,000. CR
23 year old male injured when struck by a cable at work – Petitioner was injured when a steel cable discharged at a high speed, came through his jeans and leather boots, striking and entering his left foot and ankle. The initial offer of the company was for only 15% of the left foot, however, total compensation was eventually awarded and recovered of 35.5% of the left foot, or $19,420, an amount more than double the initial offer! DW
41 year old female injured while performing repetitive movements in the course of employment – Petitioner was a receiver checker when she sustained repetitive trauma injuries in the course of her employment. A $69,026 settlement result was reached, being close to the original demand formulated by our office, and representing 22.5% loss of use of the right hand, 20% for the right arm, 17% loss of use of the left hand, and 20% loss of use of the left arm for this workers’ modest earnings rate, and his mileage reimbursement. HE
51 year old man falls from work truck, landing on wrists – Plaintiff sustained bilateral distal radius fractures after landing on his outstretched wrists. He was pulling a tarp over his work truck when he fell approximately 10 feet to the ground. This case settled for 31% loss of use of his right hand, 45% loss of use of the left hand and all unpaid medical bills resulting in a total settlement amount of $43,152. JD
Female factory worker’s hand gets caught in machine – Plaintiff’s left hand was caught in a working engine and her hand was pulled into the machine. She underwent surgical repair of the 2nd, 3rd and 4th metacarpals and sustained numerous lacerations to her hand. This case was settled for $22,000 based on 36% loss of use of her left hand, plus underpaid TTD, underpaid mileage and reimbursement to herof the medical charges she paid. FH
Plaintiff injured while going down stairs during a fire drill – Plaintiff fell and landed on his right shoulder and side, hitting his right eye, resulting in an eye laceration. He underwent rotator cuff surgery and treatments for the eye laceration. This worker’s case was settled in the sum of $28,681, representing 31% loss of use to the right arm, 1.5% PPD to petitioners BAW (body as a whole) and all disputed TTD benefits. JM
45-year-old male construction worker injured both hands when he fell off a roof (approximately 10 feet) in the course of work. He sustained bi-lateral distal radius fractures to both hands and wrists. This worker continues his same type of employment but has modified his manner of some of his duties after the wrists where immediately splinted and then thereafter cast so it was obtained of 33% loss of the left hand and 32.5% loss of the right hand a total sum of $16,300.00 given his honest wage rate. SA
27-year-old male injured while sustaining aggravated lower back injuries from driving a truck. The case was disputed by the employer and zero monies were offered up until time of trial when a $15,000.00 un-compromised result was obtained according to a 9% loss of man as a whole this petitioner regularly had to drive his truck on rough terrain which results in lots of bouncing on a poorly constructed seat which even the supervisor agreed was a bad seat. In any event the petitioner underwent cortisone injection and physical therapy. RZ
59-year-old female factory worker repetitive work duties caused her to develop mild carpel tunnel syndrome in both hands and wrists. She was able to avoid surgical intervention and with considerable efforts between the client and our firm her job duties were changed and are now much less physically demanding. An amicable settlement was ultimately reached for 10% loss use of the right hand, 9% loss use of the left hand nearly $2,700.00 in unpaid medical expenses and over $273.00 in unpaid mileage expense for a total cash settlement of $14,000.00. BM
31-year-old female injured while performing repetitive assembly tasks for a manufacturing company. She sustained three separate injuries as well as several re-injuries. It was felt that much of her injury was due to working on defective equipment though insisted by management to continue working or be fired. Her primary injuries were progressive moderate right carpel tunnel syndrome and mild left carpel tunnel syndrome, right lateral epicondylitis, right radial tunnel syndrome. She had positive testing for carpel tunnel and positive Tinel’s on the ulnar nerve. Carpel tunnel relief surgeries was ultimately performed on both hands and wrists but surgery for her right forearm and elbow are all but refused by the company but with progressive efforts with the employer and its insurance carrier. Approval was ultimately given and in a surgery the nature of the right posterior interosseous nerve decompression with lateral epicondylar debridement and decortication were performed and eventually underwent further disputed surgery in the nature of the decompression and interior transposition of the right ulnar nerve at the elbow for recalcitrant right cubital tunnel syndrome. The case was ultimately settled near trial for $40,000.00 representing 15% loss of the left hand, 25% loss of the right hand and 30% loss of the left arm together with the disputed medical bills she had unpaid and TTD benefits due her. RS
56-year-old male injured when he slipped and fell while working as a construction laborer. He was lifting an air compressor when he injured his left knee and leg. A left knee excision was ultimately performed of the post traumatic seroma. This case was settled just before trial for $11,709.00 for 20% loss of the left leg, and under paid TTD benefits and unpaid medical bills. CE
25-year-old female injured while working as a manufacturing assembler testing revealed positive Tinel’s signs bi-laterally with a confirmed diagnosis of bi-lateral carpel tunnel syndrome. Splinting, medications, injections and rest were insufficient to successfully treat her or solve it so both right and left carpel tunnel releases were ultimately performed on her. She settled her case on the eve of trial for a total of $29,820.77 representing 16.5% loss of the right hand 15% loss of left hand and 5% loss of the left arm with additional monies for balance of mileage due, unpaid medical bills and temporary total disability payments from her two injuries. She no longer works for the manufacturing plant. SG
47-year-old male automotive mechanic was thrown from a bobcat injuring his right arm, shoulder and back. Medical testing ultimately determined him to have impingement tendinitis a full thickness tear of the interior supraspinatus tendon, AC joint hypertrophy Type III acromion in multi-level nerve root irritation at C 5-6 and C 6-7. He underwent a sub-acromial decompression of the right shoulder with partial disticlavical resection and a rotator cup repair. He has gone through considerable physical therapy thereafter. Limitations continued after cortisone injections and given the continuing pain and numbness in his fingers and limited overhead reaching, second surgical procedure in the nature of the right shoulder arthroscopy and open repair of the right rotator cuff were performed. There is no work available for him following these procedures and his permanent restrictions and limitations usage of his right arm and shoulder, right hand and fingers settlement was reached in a total lump sum of $82,500.00 representing $20,000.00 towards medical, under paid mileage future vocational rehabilitation and future TTD benefits, $9,317.00 for 5% loss of a person as a whole and $53,183.00 representing 60% lost use of the right arm. JM
42-year-old oil field worker sustained physical injuries after a fall at work. Injuries included pulmonary contusions, respiratory failure, a severe fracture with ligament and joint trauma to the right foot, and tibia, fibula, and skull fractures. Additionally, as a result of his head injuries, plaintiff developed bi-polar disorder, experienced loss of consciousness, and is now prone to seizures for which he will need medication for the remainder of his life. Settlement was secured for $159,808. JL
35-year-old factory worker dumping a metal drum sustained serious right shoulder and arm injuries. Petitioner began to experience severe right shoulder pain, elbow cramps, and right lateral wrist pain at the joint line. An MRI displayed a partial width full thickness tear of a tendon in her right shoulder. Petitioner endured several operations, multiple injections and extensive physical therapy. This worker’s compensation case was settled for $20,182, based also on such worker’s modest pay rate. JH
29-year-old factory worker suffered a severe crushing injury to her right hand after her right arm was caught in a capper. A hand surgeon performed an extensive debridement and irrigation of the right hand, repair of several muscles, microneurosurgical repair of the right index finger and the repair of a deep laceration. Despite extensive physical therapy, the petitioner simply did not regain her strength, stamina and flexibility with her right dominant hand, fingers and arm. Simple personal hygiene tasks are now more difficult for her. Settlement was reached for $19,060. PD
Modest wage earner injured at grain elevator with multiple surgeries. There were considerable medical payments for ankle and finger surgeries paid together with a settlement of 33 1/3% disability and monies for such worker to enter college to complete an undergraduate degree in a pre-medical school curriculum. Excluding medical payments, this worker received $55,700. SE
45 year-old factory painter with five shoulder surgeries and permanent work restrictions. Employer denied the claim stating the worker was injured at home using a power tool. This case settled for $88,000 on the date of trial. KL
59-year-old disabled freight car builder’s long term disability rights were awarded after first denied. Plaintiff was successful in proving at the Appellate Court level that most benefits were proper and awarded to plaintiff due to ambiguous terms in the contract. CB
Iron worker proved wage differential from injury lifting 200 pound bollard. No surgery was needed, though petitioner was off work 1 ½ years with return to work with light duty restrictions. Settlement in the amount of $206,000 and payment of all temporary total disability and unpaid medical. JW
58-year-old registered nurse sustained injuries to her left foot after run over by ambulance gurney. She required ORIF with bone grafting but was non-union. She had a second procedure with the addition of plates and screws. She was released to full duties but had difficulty standing and walking. She was awarded 43 ½ % loss of use of her left foot with no return to work for her work injury case. Third party case disputed for negligence of ambulance company settled for $25,000 additional. MB
38-year-old distribution center laborer diagnosed with bilateral carpal tunnel syndrome, bilateral ulnar neuropathy and epicondylitis. She had bilateral carpal tunnel surgeries with conservative treatment of the arm. The company had offered $9,000 as a final payment, but a settlement of $19,676 was obtained on the date of trial. CB
Former lineman for a tree trimming company sustained injuries to his left hand requiring two surgeries. His doctor restricted him from returning to his old job if required to use a chainsaw. Petitioner found a job as a police dispatcher at only ½ the wage. Arbitrator awarded wage differential of approximately $276.00 per week, penalties and attorney’s fees for delay in payment of medical and TTD benefits. Present cash value of award in excess of $200,000. KD
Factory worker, age 37, injured when lifting at work. She underwent four back surgeries with pre-existing back injuries and was restricted to sedentary work. The case was contested and involved improper communications between the employer and the petitioner’s main treating physician. These violations were brought to the attention of the employer, its attorney and the Commission. Settlement of $159,000 for all issues with voluntary termination of employment. DB
Severe arm damage sustained after a drill injury. Petitioner suffered an ulnar nerve lesion, ulnar nerve cubital tunnel syndrome and right elbow medial epicondylitis. Petitioner subsequently underwent three surgeries. Petitioner now forced to operate under permanent restrictions of no climbing, drilling with frequent rest breaks, with only light tasks to be performed overhead. This worker’s case was settled for 75% loss of use of the right arm and approximately 16.23% loss of person as a whole, or $125,000. M.S.
47-year-old tax professional/office manager falls down a staircase when her pant leg caught on loose tacking. The fall resulted in 20% permanent partial disability to her right, dominant arm, 17 ½% loss of use of the right hand, and 25% loss of use of the right thumb. Total compensation awarded in the amount of $25,860. BE
47-year-old warehouse manager lifted televisions and other appliances for many years resulting in injuries to her spine. Petitioner required extensive medical care and has undergone surgeries, injections, and the implantation of spinal cord stimulation and a spinal morphine infusion pump. She has been determined to be disabled from any gainful employment. Total recovery for this client in the amount of $185,000 for her work injuries with protection from all medical liens in excess of $400,000. KB
48-year-old dedicated employee of over 25 years developed right and left carpal tunnel. Petitioner’s duties included dumping buckets of water into a parts washer pit and racking back plates into a hopper. Despite surgery and multiple injections, petitioner continues to suffer from pain in her knuckle while performing her job duties, and she has no grip with her thumb creating an inability to consistently maintain a grasp on even light objects. Settlement reached for permanent partial loss of use of 17.5% of the left hand and 15% loss of use of the right hand, or $18,100 plus medical reimbursement. KM
42-year-old woman falls fracturing left ankle and spraining right ankle while at work. Petitioner fell on slick pavement in the course of her employment. Petitioner underwent surgery for her injuries. Total recovery for this client in the amount of $87,500 for her work injuries. EC
A 56-year-old man was diagnosed with left shoulder strain and rotator cuff tear after from work injury. He was initially prescribed physical therapy and medication. Failing conservative care, he underwent a distal clavicle excision of the left shoulder with acromioplasty and rotator cuff repair due to his left shoulder pain, impingement, weakness and loss of range of motion. Our client then began rehabilitation. Months later, complications developed and it was possibly thought he sustained a re-repture of the left rotator cuff. An MRI and second opinion were recommended, and following same, our clients second doctor performed an arthroscopic extensive debridement of the glenohumeral joint including the anterior, superior and posterior glenoid labrum and a biceps tenotomy arthroscopic subacromial decompression, arthroscopic distal clavicle resection and open biceps tenodesis. After his second surgery, our client began physical therapy and was later placed in a work hardening program at a hospital. A compromised settlement was reached for our client in the amount of $23,289.90 representing 40% of the arm and medical equipment reimbursement after insurance only offered $6,000.00 and after our client was rebuked by his employer when trying to return to work. All the client’s reasonable and necessary medical expenses were paid in full, in addition to the settlement amount. KS
A 55-year-old woman was injured during the course of work while lifting a heavy and awkward item. She sustained injuries to her right arm and was diagnosed through MRI with a partial thickness bursal surface supraspinatus tendon tear with moderate fatty atrophy of the supreapinatus muscle belly; Type II acromion with moderate to borderline severe AC joint degenerative arthritis; small joint and bursal effusions and a 6mm interosseous ganglion lesser tuberosity of the humerus deep to the subscapularis insertion. Our client was ordered to continue therapy. An second doctor’s opinion confirmed the need for a second surgery and a right shoulder arthroscopic decompression and subscapularis repair utilizing a 5.5mm Arthrex corkscrew metal anchor was performed. Months later our client still had pain and a radiologist performed an arthrogram of the right shoulder, finding some degenerative changes at the AC joint along with contrast that had leaked into the subacromial/subdeltoid bursa through a defect in the rotator interval and also into the AC joint. Our client continued physical therapy and her right arm improved. Our law firm was able to reach a compromised settlement for our client in the amount of $18,075.40 representing 33.3% loss of use of the right arm and reasonable and necessary medical expenses. DF
A 42-year-old man suffered a torn left rotator cuff lifting a heavy case during the course of work while unloading a truck. His initial doctor examination confirmed a compromised range of motion and decreased strength in his left shoulder, adversely affecting his ability to work. He was referred for physical therapy and after conservative treatment failed, he was referred for a second opinion. Our client’s second doctor reviewed an MRI showing the left shoulder rotator tendinopathy/partial tear and the doctor first recommended additional therapy, but after little improvement was made, he recommended surgery. Our client then underwent a left shoulder arthroscopy surgery with SLAP lesion repair, arthroscopic subacromial decompression and a pain pump catheter insertion. His post-operative therapy included aggressive strengthening exercises which within several months allowed our client to gain back his strength. A compromised settlement was reached for $20,776.50 representing 33.69% loss of use of the left arm, medical expenses and temporary total disability compensation after the employer insurance company offered him first $500.00 then later $1,000.00 in compensation. RD
A 45-year-old woman fell while unloading a semi-trailer truck, injuring her left knee. She was diagnosed with posttraumatic chondromalacia after her physician performed an arthroscopic chondroplasty of the patellofemoral joint with removal of medial and lateral plica, as well as a lateral patellofemoral release. She was unable to work for 40 weeks but eventually returned to work. Our client received temporary total disability benefits, however they were underestimated and underpaid by her employer by $248.80 fully over all weeks. A compromised settlement was reached in the amount of $17,392.43 representing 25% loss of use of her left knee, underpaid temporary total disability benefits and medical expenses. The original offer by her employer’s insurance company had only allowed compensation for 17.5% of the left knee and insufficient medical and disability reimbursement. KH
A 37-year-old man injured his left elbow and hand due to the repetitive box cutting executions over time on the job. Left cubital tunnel syndrome and left carpal tunnel syndrome were diagnosed. He underwent a left endoscopic carpal tunnel release, left cubital tunnel release with anterior submuscular transposition, Musculotendon Z-plasty slide reconstruction, debridement of left medial epicondyle, and application of a long arm splint. Our firm secured a settlement of $34,929.27 representing 20% permanent partial disability of the left hand and 20% permanent partial disability of the left arm and some medical payments. The employer originally refused to pay for any of the medical expenses relating to this case. RKJ
A 44-year-old mechanic was injured from lifting and pushing a brake drum, and lifting and stacking pallets. He sustained injuries to his right shoulder and arm in the nature of impingement and a partial rotator cuff tear and a Type I SLAP lesion, all within his right shoulder. A right shoulder arthroscopy with arthroscopic debridement of the undersurface tear of the subcapularis tendon followed by arthroscopic subacromial decompression and arthroscopic distal clavicular resection were performed. Our client did receive temporary total disability benefits and did return back to work after healing. The settlement our firm was able to negotiate was $26,961.20 representing only permanent partial disability of the right arm and negotiated medical expenses. BH
A 49-year-old woman injured her right knee, right leg, and other body parts after a fall at work. Her right knee sustained a patella fracture which thwarted her ability to return to work until six months later. Our client’s surgery was performed as an open reduction internal fixation and further treatment included knee immobilization and subsequently manipulation of the knee to release adhesions. Though her ability to use her knee was restricted, our client was able to return to work. She also received temporary total disability for her time off throughout the approximate six months of her injury, operation and recovery period. A settlement was reached for $40,820.79 representing 33.3% loss of use of the right leg, $15,010.00 in future medical treatment and five weeks of temporary total disability benefits. together with all medical expenses paid. PW
A 66-year-old man trucker was injured when he fell over rebar sticking out of concrete during the course of work. He suffered from right arm sprain and partial left knee of ACL tear. Our client was initially diagnosed with right shoulder tendinitis and a frozen shoulder. The ACL tear in his left knee was confirmed by an MRI, along with effusion of the knee, irregularities along the lateral side of the joint and chondromalacia on the femoral side of the patellofemoral joint. Conservative medical measures proved to be of little aid and our client was then recommended by his physician for an extensive arthroscopic knee surgery. Our client did continue to experience postoperative pain and was therefore off from work for an estimated five months. The employer failed and refused to pay medical expenses or the correct amount of temporary total disability, however our firm nevertheless reached a settlement for $48,962.44 with the inclusion of disability and medical expenses. We assisted in getting medical care and payment of same whereas the defendant refused and supported plaintiff throughout with physical and emotional issues. Strangely, the respondent for nearly two ears argued that not plaintiff but someone else was injured and that no monies would be paid. RB
A 77-year-old truck driver was injured during the course of his work. He was diagnosed with an acute compression fracture of the L1 vertebral segment of his spine confirmed by MRI and involving posterior diffuse disc bulges, hypertrophic and degenerative changes noted in the posterior elements and all which produced mild circumferential spinal stenosis. Our client underwent several epidural injections and was prescribed a back brace for support, but was not a surgical candidate. As a result, his treatment options were limited and he was relegated to having disability back pain limiting his daily life activities. Our firm was able to secure a settlement of $35,000.00 representing a payment rate of $66.92 weekly for the rest of his expected life together with some medical expenses. This case was defended on the basis that petitioner was not an employee at the time he was injured as well as the fact that it may not have been timely filed as his health insurance payments for his treatments did not extend the time to file the case within the statute. Petitioner’s delay in seeing us nearly cost the entire case, but arguments were formulated and supported to reach a compromised settlement on the eve of trial. GE
A 33-year-old fast food worker was injured during the course of work. Her job entailed years of lifting, bagging, cleaning and pouring items at a restaurant. She sustained injuries to her hands, wrists and arms from repetitive trauma to these areas. Nerve conduction studies were performed on both of her wrists and revealed mild median motor neuropathy at the right wrist and right carpal tunnel syndrome, and evidence of mid sensory ulnar motor neuropathy at the proximal Guyon canal bilaterally. She was diagnosed with bilateral carpal tunnel syndrome and later underwent bilateral carpal tunnel release procedures to correct her problems. Our firm was able to secure a settlement for $22,002.14 at her rate representing 20% loss of use of the right hand, 18.5% loss of use of the left hand, and 2% loss of the use of each arm along with all her medical expenses paid. CMH
A 26-year-old man twisted his left leg and knee during the course of work laying pipe. An MRI was conducted and revealed a torn ACL and meniscus. Our client underwent a left anterior cruciate ligament reconstruction and during the surgery a graft was attached with screws to hold it in place. He was then prescribed post-operative physical therapy to increase his range of motion, strength and decrease pain in his knee. His surgeon also noted that due to his meniscal tear, he would be highly likely to contract arthritis in the future. During his time off, our client was underpaid on his temporary total disability by $1,135.23. Our firm secured a settlement of $21,000.00 for 15% loss of use of his left leg, medically related mileage, temporary total disability underpayments and past and future medical expenses. DDB
A 46-year-old woman was injured during the course of work as a case picker. She sustained repetitive, traumatic injuries to her wrists and elbows after years of lifting, stacking and pulling heavy objects. She was diagnosed with bilateral carpal tunnel and cubital tunnel syndromes and was recommended for surgery. Our client underwent left cubital tunnel and carpal tunnel releases, z-plasty slide reconstruction, anconeus epitrochlea tenotomy, and application of a long arm splint. The procedure was later repeated on her left arm/ hand. She was off work for a total of nineteen weeks for her injuries, surgeries and recovery. Our firm was able to secure a settlement for $75,082.62 representing 20% permanent partial disability of the right hand, 18% of the left hand, 21.75% of the left arm and 23% of the right arm plus all appropriate medical charges and mileage. ML
A 60-year-old woman was injured during the course of work as a split case picker due to repetitive traumatic injuries to her hands, elbows and arms. She was diagnosed with bilateral cubital tunnel and carpal tunnel syndromes. She initially underwent physical therapy treatments and wore braces, however, these conservative treatment measures did not ease her problems. Surgeries were thereafter performed in the nature of bilateral cubital tunnel and bilateral carpal tunnel releases. We helped secure for our client temporary total disability benefits during her time off work as well as payment of her medical expenses, and all of which were repeatedly denied by the employer’s insurance claimer. After twelve weeks off work, she was eventually able to return to full work duties. Our firm finally secured a $92,500.00 settlement on the eve of trial following the insurance company lawyers’ initial “fair” offer of $87,581.71. The settlement was based upon 17.5% permanent partial disability of the left hand, 20% of the right hand, 22.5% of the left arm, and 22% of the right arm. KW
A 67-year-old man was injured during the course of work while lifting heavy inventory. He sustained a left rotator cuff tear to his left shoulder. Our client underwent an arthroscopic surgery in the nature of middle glenoid humeral ligament tear repair, severe partial bursal sac rotator cuff tear repair and SLAP lesion repair with suture anchor, along with a subacromial arthroscopic decompression acromioplasty on his left shoulder for what was eventually diagnosed as left shoulder stiffness, subacromial impingement, a rotator cuff tear on the bursal side, SLAP lesion and a middle glenoid humeral ligament tear. We assisted in securing that all temporary total disability for his twenty-five (25) weeks off work were paid at the correct rate, and that all medical treatment was timely provided and paid. Our firm settled the case for 35% loss of the left arm/shoulder, or $33,817.38 (including $2,283.84 for future medical needs), even though the insurance company only felt that $13,514.38 was due to be paid in the case. HW
A 33-year-old assembly line worker was repetitively injured during the course her work while picking product. Repetitive trauma to her bilateral upper extremities resulted in a carpal tunnel release to her right hand and mild carpal tunnel syndrome in her left. After medical treatment and therapy, our client was recommended to undergo and elected for a carpal tunnel release surgery on her right hand. The case was settled for $26,317.15 based on petitioner’s earnings rate for her injuries from years of repetitive stress on her hands/wrists. LL
A 43-year old man was injured after falling from scaffolding during the course of work as a brick-layer. He sustained a right calcaneal fracture and post traumatic arthritis of the subtalar joint in his right foot and a second metatarsal fracture to his left foot. Because of his extensive injuries, especially to his right foot, he was required to undergo an open reduction and internal fixation surgery of his right calcaneus fracture and was subsequently off work for approximately six months. Our firm settled the case for $88,076.45 representing 40% of person as a whole, with 35 week of temporary total disability and including $35,000 for future medical expenses. BD
A 45-year-old man was injured during the course of work as a coal miner. A rock fell and injured his head, neck, back, bilateral arms, hands, and other body parts. He was knocked unconscious and was later discovered by a co-worker. The initial surgery included titanium plate instrumentation and fusion grafting at the C5, C6 and C7 levels with plates, along with micro anterior cervical disc excision with removal of posterior longitudinal ligament and osteophytes for spinal cord and nerve decompression. He underwent a second surgery due to continued pain and sensitivity in both of his arms, consisting of a cervical laminectomy and the placement of a spinal drain. Our firm settled the case for $101,458.00 based on 40% loss of person as a whole for 200 weeks and 20% loss of use of the left arm for 50.6 weeks. DR
A 41-year-old man injured both of his hands from repetitive fabrication duties on the job. He was diagnosed with bilateral carpal tunnel syndrome to both hands, undergoing surgery on first his right, and then his left hands to alleviate the recalcitrant bilateral carpal tunnel syndrome. Our client was off of work for seven (7) months before he was able to return to work. The case was settled for $41,610.30 based on 20% loss of the right and 20% of the left hand in partial permanent disability, with the payment in addition of all temporary total disability benefits and medical charges. TEA
A 46-year-old man was injured while pulling on machinery. He suffered a herniated disc in his neck giving rise to a loss of body as a whole. He underwent surgery on his neck for cervical stenosis and cervical radiculopathy and to hopefully improve his recalcitrant right arm and neck pain. Our firm was able to secure a $93,621.20 settlement, based on 29.5% loss of the person as a whole and payment of all medical bills and temporary total disability benefits. This insurance company. JRB
A 49-year-old man was diagnosed with bilateral carpal tunnel syndrome after years of repetitive trauma to his hands and wrists. He had worked as a case packer, and due to the extent of his injuries, had to undergo carpal tunnel release surgeries on both his right and left hands. The case was settled for $24,366.63 representing 20% permanent partial disability of the right wrist and 18% of the same for the left wrist. All so included were past and future medical expenses along with past and future total temporary disability. RMD
A 51-year-old man was injured after years of repetitive bending and stacking sustaining damage to his lumber spine. The work injuries aggravated his low back degenerative disc disease requiring him to undergo chiropractic treatments. A 12.5% loss of his body as a whole ($23,200.00) was negotiated in spite of the employer’s position if workers’ compensation obligation based on its argument that all our client’s injuries were pre-existing. Temporary total disability benefits and medical charges were also covered. GAE
A 52-year-old woman sustained injuries to her cervical spine and left arm after she tripped over a pallet during the course of work. Due to the extent of her discomfort, she underwent a cervical fusion surgery on her spine for her diagnosis of neck sprain and strain. A second surgery was performed on her back to repair the nonunion from the first cervical insertion fusion, with plate insertion in her cervical spine. Her cases were contested throughout on the basis that none of her injuries or “necessary” surgeries were related to work incidents. Our firm was able to settle this case for $35,561.00 on a compromised based of 20% in loss of body as a whole given a lack of the medical support to link up the clients injuries to work. CG
A 50-year-old woman sustained injuries to her left arm, elbow and other body parts due to repetitive trauma from her duties as a case picker. She received temporary total disability benefits as compensation for her time off of work from her injuries. Her case was therefore settled for $16,920.00 based on 24% loss of her arm. Six year later, she returned to our firm for a new repetitive trauma injury to her right arm and hand, again for injuries sustained during the course of work. Our client underwent bilateral carpal tunnel surgeries on her hands. Her second case settled for $21,798.57 or 21% permanent partial disability for her right arm and 5% permanent partial disability of the right hand. This settlement also includes payment of past and future temporary total disability and medical benefits. LDG
A 45-year-old woman was injured while pushing and pulling pallets during the course of her work. She sustained injuries to her left knee, leg and other body parts and subsequently was forced to take time off of work. The insurance company offered for 31% of the left leg or $10,000.00 for permanency. Also included were all unpaid medical charges and unpaid temporary total disability. Our firm secured a settlement of 32% permanent partial disability for her left leg, medical expenses and unpaid temporary total disability or $19,650.00 for this low wage case. MLH
A 37-year-old man sustained injuries to both of his wrists through years of repetitive trauma from his years of work. He was later diagnosed with bilateral carpal tunnel syndrome and soon thereafter underwent surgery on first the left and then the right hands. His case was settled for $30,914.61 based on 20% loss of the left hand and 18% loss of the right hand, with payment also for all temporary total disability, permanent partial disability and past medical expenses due. MAK
A 32-year-old man was injured when a pallet jack ran over his left foot and leg during the course of work. He sustained a lateral meniscus tear and chondromalacian, and for which he underwent surgery. He was paid temporarily totally disabled for three months and later returned to work. Opposing counsel contested the number of weeks he was off work and proposed the percentage loss of his leg at 15%. His case settled for $14,636.13 by our firm, representing 25% of his left leg based on his low rate and a full recovery. NM
A 40-year-old woman was injured when she tripped and fell over a roller during her work. She sustained lacerations extending on the medial aspect of her upper right arm, across her elbow and down form her forearm. In addition, she developed and was diagnosed with right medial epicondylitis from her repetitive injuries at work. At first conservative treatment through cortizone injections and occupational therapy were used to treat her arms, however she felt no relief. Further evaluation from her physician also diagnosed her with a SLAP 1 lesion tear in her upper right arm. Our client underwent a bilateral cubital tunnel release with submuscular transposition and z-plasty slide lengthening reconstruction for an anterior submuscular transposition for cubital tunnel syndrome as well as right medial epicondylar debridement. Afterward, she was given long arm splints and prescribed physical therapy. The case was settled for $46,500.00 for her four counts of workers’ compensation injuries based on liability for temporary total disability compensation and all medical expenses incurred. The settlement represents 24.5% permanent partial disability for each arm. KD/P
A 56-year-old man was injured during the course of work when he fell and sustained injuries to his right foot, ankle, leg and other body parts. He was placed in a tibial cast brace with crutches and taken off work by his physician. Due to the extent of his injuries he was off of work for approximately four months and prescribed physical therapy. The case was settled for $22,816.60 based on 20% of the right foot, $4,355.78 in unpaid temporary total disability benefits by the employer and reimbursed medical expenses. GLP
A 47-year-old woman was injured due to years of repetitive trauma as a case picker to her right and left hands, her left thumb, left elbow and neck. After seeing a physician, she was diagnosed as having bilateral carpal tunnel syndrome, left cubital tunnel syndrome, left thumb nerve damage and joint arthritis. She underwent an anterior cervical diskectomy, interbody fusion and foraminotomies at C4-C5, central decompression and removal of a posterior osteophyte at C4, and interbody fusion at C4-C5 with an allograft bone spacer and Vectra-T plating. During her recovery from her neck procedure, our client underwent a left thumb trapeziectomy, left ulnar nerve transposition and in need of a neck fusion. She was off work for a total of three months and underwent formal therapies for her hands. Her case was settled for $158,239.02 with medical benefits, 30% permanent partial disability of the body as a whole related to the cervical spine, 20% of the right hand, 17.5% of the left hand, 25% of the left arm, and 65% of the left thumb. SAR
A 50-year-old woman injured herself during the course of her work through repetitive activities lifting inventory and reaching for high boxes. Her work placed strain on her arms, elbows, wrists, hands, neck and other body parts in a total of three workers’ compensation cases. After examination by a physician, she was diagnosed with bilateral carpal tunnel syndrome, left shoulder impingement and told she needed a cervical fusion procedure on her neck. After neck surgery and other extensive medical treatments, our client was still in a considerable amount of pain in her neck and shoulder. The three workers’ compensation cases were disputed not only for the nature and cause of injuries sustained but whether or not the could be compensated. Our firm was able to settle her case for $50,000.00, representing approximately 17.5% loss of use of the left arm, 15% loss of use of her left hand, 13% loss of use of her body as a whole including temporary total disability benefits. RR
A 36-year-old woman sustained injuries while she was helping a patient during the course of her work. She injured her lower back, hips, and upper legs when this accident occurred. She underwent three back surgeries, including a fusion, and was placed on permanent light duty work restrictions. The case settled for $53,385.08 representing 45% loss of use of person as a whole for permanent partial disability together with other medical expenses and monies due. Our client’s insurance company initially offered her 37.5% of the body as a whole, or $43,125.00 and also debated her medical costs and temporary total disability benefits. DAS
A 40-year-old woman was injured as she lifted a patient at work, sustaining a back injury during a sudden, unexpected shift in the load weight. She was originally diagnosed with severe, diffuse lower back pain. After further treatment and x-ray reviews, she was diagnosed with spinal stenosis and spinal degeneration resulting in prescribed epidural injections and physical therapy. No surgery was required and the client returned to her full duties, for $10,399.88 representing 7.5% person as a whole. CP
A 32-year-old man was injured during the course of work when he hit his left arm against the side of a moving truck. He was diagnosed with a left shoulder posterior labral tear with a paralabral cyst. He underwent an operation for an arthroscopic SLAP repair and a posterior labral repair. He was able to recover and return to his job. This workers’ compensation case settled for $35,973.79 representing 30% loss of use of the left arm plus medical bills. BN
A 73-year-old woman was harmed during the course of her work from repetitive traumas to her right and left hands. She was diagnosed with bilateral carpal tunnel syndrome, forcing her to remain off work to be treated. No surgeries were necessary. A settlement was reached for $21,626.81 representing 10% loss of the left hand and 12% loss of the right hand. In addition, the employer contributed $18,116.00 to a Medicare Savings Account for her future work-related medical needs. VW
A 54-year-old man was injured when he flipped his dump truck while unloading coal during the course of work. A workers’ compensation case was settled for injuries to his back, right knee and right leg. A physician’s opinion diagnosed our client with lumbar strain and a torn ACL along with injuries to other ligaments in his right leg. He underwent an arthroscopic surgery on his right leg and physical therapy to strengthen and restore his health. The settlement was for $28,000.00, or permanent partial loss of use of 32% of the right leg and 4% loss of person as a whole, along with temporary total disability benefits and all medical expenses. A further case sought recovery for the negligent maintenance of the drop off of dumping loads. After the jury selection the start of the case, but right before trial a settlement was reached for $15,195.55. MRW
A 31-year-old woman was injured during the course of her work while she was sorting pallets of dog and cat food. She injured her right shoulder moving pallets. She was seen by a physician and diagnosed with rotator cuff tendinitis. She underwent conservative care and was able to return to work after healing. She received compensation for 11.25% permanent partial disability of her right arm equating to $10,221.74 at her rate. TPT.
A 67-year-old man was replacing a culvert during the course of work when he injured his right arm and shoulder. He required an exploratory operation of the right long head of the biceps tendon (despite his age), The surgery detected a musculotendinous junction injury of the biceps muscle. He was later able to return to work. He received compensation for his time off and 22.5% loss of use of his right arm, or $19,698.33. CLW
A 49-year-old man was injured while stopped at a stop light and was rear-ended by another semi truck driver, during the course of work. He suffered injuries to his cervical spine and his right shoulder as a result of the accident. Based on MRI results, he was diagnosed with a right shoulder rotator cuff tear, impingement syndrome and AC arthrosis. Due to his continued pain, he underwent arthroscopic surgical procedures including rotator cuff repair, subacromial decompression, and distal clavicle excision on his shoulder. Much was debated in this case, including liability and medical expenses. A settlement was reached for $53,854.26 based upon 5% loss of the use of the body as a whole related to his cervical spine injuries and 33.3% loss of use of the arm for his shoulder injuries along with medical expenses and liability. LWS
A 50-year-old man was injured when he fell during the course of work. He suffered injuries to his left shoulder, arm and other body parts. His MRI results showed left shoulder tears in his supraspinatus tendon and rotator cuff. He subsequently underwent surgery to repair both tendons. He eventually returned to work and the case was settled for $25,512.52 amounting to 33.33% loss of the use of his left arm due to his modest earnings rate. MJS
A 45-year-old man was harmed in a motor vehicle accident, sustaining injuries to his back, lower extremities, right leg, right foot and left shoulder. Upon examination, he was diagnosed with chronic back pain, lumbar spondylosis and degenerative disc disease. He also sustained contusions, sprains and strains to multiple body parts including the right leg, right foot, left arm and left shoulder. The client healed nicely without surgery. The defense contended that all of the plaintiff’s injuries were of the result of his pre-existing condition were not inclined to make an offer. The case was later settled for $16,977.50. BLA
A 63-year-old woman was injured at work when she stepped back onto a jack, causing her to fall and hurt her right knee and left leg. She was diagnosed with a torn medial meniscus and osteoarthritis in her right knee and proceeded to have surgery to correct the damage. From the time of her injury to her recovery, our client received temporary total disability benefits while off work for approximately six and one- half weeks off work. Our firm reached a compromised settlement in the amount of $40,000.00, including reasonable and necessary medical expenses for the surgery and examinations, and an additional amount of $20,000.00 for future medical expenses. This settlement represented compensation for 56% loss of use of the right leg and 10% loss of use of the left leg. Furthermore, the defendant blamed all her petitioner’s injuries on a prior degenerative knee condition. This case has a great history of early corporate denial totally contended case throughout, prosecuting the case through four defense attorneys. NSS
A 55-year-old man’s hand was lacerated at work when his hand was “caught” while running pipe. His hand was sucked into the blocks on the rig, also jerking his arm. Upon his arrival at the emergency room, he was immediately transferred to a specialty hand center for surgery. His surgery consisted of exploration, irrigation, debridement of the skin and subcutaneous tissues of the left index, middle ring and small fingers, A2 pulley repair reconstruction of the left index finger, microsurgical repair for the radial digital nerve and artery of the left index finger, and Zone 4 extensor digitorum communis repair for the left middle, left ring and left small fingers. A laceration repair of the left index, middle, ring and small fingers as well as an application of a short arm splint were also completed. After the surgery, our client improved but also developed regional pain syndrome and swelling in his hand and continued pain at the distal ulna. He underwent physical therapy and medications, and despite these treatments, he still experienced stiffness and swelling in his left hand and wrist. A compromise was reached by our firm in the amount of $38,000.00 or approximately 30% loss of the hand, temporary total disability benefits and medically related mileage reimbursement. MLE
A 55-year-old woman sustained a medial meniscus tear injury to her left knee when she slipped and fell during the course of her work. Her lower back and left leg were both affected by the fall, and she immediately sought medical attention. An MRI was performed and showed the medial meniscus tear in her left knee. Further X-ray reports revealed lumbar levoscoliosis with a small disc bulge and a narrowing disc within her back. Our client proceeded to have arthroscopic surgery to repair her medial meniscus tear and a chondroplasty of the medial femoral condyle to remove a small loose body of bone. As a result of this injury, our client was not able to fully return to her normal functional capacity and was placed on permanent work restrictions limiting her to twenty (20) pounds of force occasionally and ten (10) pounds of force frequently. Our firm secured a settlement of $38,285.48, compensating her for 50% loss of use of her left leg and 7.5% loss of person as a whole during her time off work. BAA
A 49-year-old woman truck driver was injured while repairing her truck during the course of her work. She sustained injuries to her low back and immediately sought chiropractic treatment for her discomfort. An MRI of her lumbar spine revealed advanced discogenic spondylosis involving several vertebrae. Failing to improve after her chiropractic treatments, she was referred to a neurosurgical specialist who prescribed epidural steroid injections, physical therapy and termination of her chiropractic treatment. She later underwent a series of four surgeries including a lumbar radiculopathy correction, facet arthropathies and a following discogram of several vertebrae of the lumbar spine. Another medical provider recommended she remain on light duty and no lifting over ten (10) pounds. Further medical opinions recommended bilateral facet blocks, which she underwent but offered her no relief. A settlement was secured for $64,800.00 including liability for temporary total compensation, all medical expenses past and future resulting from the injury, 22.5% loss of person as a whole, vocational training and maintenance benefits during said vocational training. LAF
A 30-year-old woman was injured during a motor vehicle accident affecting a number of her body parts and sustaining many internal derangements. She was immediately transported to the emergency room of a local hospital and, due to the extent and severity of her injuries, was airlifted to another hospital. X-rays showed a basilar skull fracture, right occipital condyle fracture, non-displaced fracture of the left anterior C1 ring, epidural hematoma with mass effect on the cervical spinal cord, T3-4 vertical body fracture and pulmonary contusions on her right hand and leg. After a nine day hospital stay, she was transferred to a rehabilitation unit and referred for an upper body brace. After her discharge from the hospital, she was recommended to use a walker and a specialized hospital bed. As her health improved slightly she was allowed to return to light duty work of ten(10) hours per week. She did still experience headaches, low back and neck pain and sought further examination by another specialist. She underwent a CT scan of her brain, cervical and lubosacral spines and was diagnosed with paraspinal muscle spasms, low back pain and hematoma of the occipital region. She underwent further physical therapy and occupational therapy, though continuing to be placed on restrictions of her daily activities. Our firm settled the case for $31,611.80 for 22% loss of person as a whole. AVB
A 66-year-old man was injured during work when he stepped down off of a lift while unloading a truck, twisting his left knee. He was initially diagnosed with a medial meniscus tear with a Grade 2 associated medial femoral condyle, chondromalacia of the patella and lateral meniscus fraying. He underwent an arthroscopic knee surgery including a medial meniscus tear resection, and debridement of the medial femoral condyle, the mild fraying of the lateral meniscus and the patella chondromalacia. While our client underwent post surgical physical therapy, a therapist thereafter injured his right leg. An MRI of the right leg revealed a posterior horn medial meniscus tear. He underwent another arthroscopic surgery on his right knee and the post operative diagnosis was a Grade 4 chondromalacia of the medial femoral condyle, femoral torchlea and a lateral meniscus tear. Both of these knee injuries caused our client to quickly develop post traumatic, severe osteoarthritis and as a result, he was required to undergo replacement surgeries on both his left and right knees. Our firm was able to secure a settlement for $175,000.00 after the defendant initially disputed the degree and severity of our client’s injuries, denied benefits due to our client, and even questioned whether these injuries were work related. The employer fought this case, relying largely on our client’s longstanding years of labor, and arguing that he was simply “worn out.” The settlement sum also represented temporary total disability payments for the rest of his life (life expectancy of 13.3 years). Further monies for anticipated, future medical expenses were negotiated for an additional $57,811.00. CEP
A 54-year-old man was injured during work while he was unloading carbon at a dump site. His tractor trailer flipped, causing him to sustain injuries to his back, neck and right knee. He was initially prescribed therapy through electric stimulations, muscle stimulations, manipulation and ice therapies, along with instructions to wear a back brace at all times and to take muscle relaxers. An MRI of his right knee revealed a tear on the lateral meniscus from the anterior to the posterior horn, thinning of the medial meniscus with intra substance degeneration and a sprain of the anterior cruciate ligament. He underwent a complex reconstruction surgery for his medial and lateral meniscuses. Our client was also diagnosed with cervical thoracic/lumbar thoracic strain-sprain. Our client was prescribed post surgical physical therapy as well as work hardening and conditioning sessions to help his knee and back. The case continued to trial before a jury with the petitioner suing a separate business work site for unsafe unloading area and it in turn suing his employer, and both the employer and work site owner blamed our client for careless operation of his dump truck when it turned over on him. The client claimed that the uneven and unstable surface to unload his truck contributed to cause instability to flip over and injure our client. This worker first settled his workers’ compensation case for $15,195.55 representing the entire measure of responsibility of liability that the defendant owes our client for nine counts of workers compensation, temporary total disability, permanent partial disability and medical expenses. RGW
A 43-year-old woman was injured cutting and stocking boxes during the course of work. Due to the severe pain in her right hand, she was taken to the emergency room and placed on light one-handed duty. She was prescribed physical therapy and instructed to wear arm splints during the night and day. Her physician conducted a nerve test which showed early carpal tunnel symptoms. As a result, our client underwent a carpal tunnel release surgery on her right hand and despite her recovery, lost strength and usage abilities in her hand. Our firm secured a settlement of $14,167.31 representing 20 % of the right hand, temporary total disability payments for 10 4/7ths weeks and her medical expenses.
A second workers’ compensation claim was filed for our client’s low back after she sustained an injury during the course of work with bending and picking up boxes. Our client was prescribed physical therapy and medication and an MRI was performed which showed slight disc bulging and a protrusion indenting the sac ventrally. Based on the MRI results, our client was prescribed more physical therapy and placed on a work hardening program. Despite these treatments, our client’s left leg and back frequently continued to go out of position. Our client was off work for 2 3/7ths weeks and during this time, her employer underpaid the required temporary total disability benefits by $1,188.00. Our firm secured a settlement for $19,061.38 representing 6.5% loss of person as a whole and underpaid temporary total disability benefits.
A third workers’ compensation claim was filed when our client sustained an ulnar nerve injury in her left elbow during the course of work stocking boxes. She was diagnosed as having left cubital tunnel syndrome and medial epicondylitis. She was prescribed cortisol injections and physical therapy, but both offered her little relief. She underwent a left ulnar nerve transposition and left medial epicondyle release with a partial ostectomy. This surgery was denied and not covered by workers’ compensation and as a result our firm worked to secure a settlement of $32, 586.00 representing the cost of the ulnar nerve transposition procedure, 23.5% loss of the left arm and $3,762.63 in unpaid temporary total disability benefits.
A fourth incident occurred when our client sustained an injury to her right shoulder while pulling stock during the course of work. She was given a steroid shot and prescribed physical therapy. An MRI showed a tear of the supraspinatus tendon with impingement in the AC joint area. Based on these results, she underwent an arthroscopy of the right shoulder with debridement of the superior labrum, a right open subacromial decompression and a right open distal clavicle excision. Our client was prescribed physical therapy to aid in her recovery. Our firm secured a settlement for $33,396.00, or 27.5% loss of use of her right arm and all necessary medical expenses. DKA
A 26-year-old nurse was injured during the course of work while lifting a patient. She sustained injuries to her neck, upper back, left shoulder, arm and hand. She was diagnosed as having left shoulder anterior inferior glenohumeral ligament avulsion with resultant laxity. She underwent a Bankart repair and inferior capsular shift operation. Her post operative diagnosis was left shoulder dislocation with glenohumeral instability with capsular avulsion. An MRI later showed that this surgery had failed. She therefore underwent an arthroscopic subacromial decompression distal clavicle resection and a repair of a rotator cuff tear repair. She was post operatively diagnosed with a torn rotator cuff in her left shoulder along with acromioclavicular joint arthritis. Her employer disputed the causation of the injury, along with the nature and extent of her disability and denied any responsibility for treatment or disability benefits. However, our firm secured a settlement of $18,293.90 representing 31.5% permanent partial disability of her left arm, temporary total disability benefits for approximately 32 weeks off work and medical expenses. JB
A 32-year-old man was injured during the course of work when he fell on an uneven rocky surface. An MRI was taken and he was initially diagnosed as having a right knee strain/sprain. However, a second opinion diagnosed him with chondromalacia of the right patella. He underwent a right knee arthroscopy with chondroplasty of the trochlea. Our firm secured a settlement for $35,321.16 representing 27.5% loss of use of the right leg, for his permanent partial disability, medical mileage and all his medical expenses. DB
A 72-year-old woman sustained injuries to her right shoulder while lifting a box of soda syrup on to a shelf during the course of work. An MRI revealed a chronic rotator cuff tear diagnosis. She received several rounds of corticosteroid injections in her right shoulder, but due to her age and the extent of her injuries, she did not qualify for surgery on her shoulder. She is permanently restricted to light duty work only since she can not undergo the necessary procedures to repair her arm. Our firm secured a settlement for $19,212.19 representing 45% loss of use of the right arm at her modest rate. SJB
A 39-year-old man was injured during the course of work when he sustained injuries to his neck, arm and buttocks while exiting a lift during the course of work. An MRI was taken of his cervical spine and revealed a moderate posterior disc bulge at the C5-C6 level along with moderate central canal and mild right neural foramina stenosis. He was prescribed physical therapy and given three epidural injections in his neck and was finally diagnosed with a herniated disc and cervical radiculopathy at the C6 nerve root. He underwent a C5-6 cervical diskectomy with cervical disc prosthesis and was prescribed post operative physical therapy. Due to his injuries, our client was off work for approximately 36 weeks. Our firm was able to secure a settlement for $32,750.00 representing 25% loss of use of person as a whole and his medical expenses. Our firm also recovered for our client the full amount of temporary total disability payments due him as a result of his employer shorting him in the wage calculations. CEC
A 50-year-old man sustained injuries to his low back and left arm from repetitive trauma as a production worker at a distribution center. An MRI revealed impingement at the C4-5 disc that was extruded and herniated and displaced of the L4-5 disc along with rotator cuff tendinitis of the left shoulder. A second physician conducted an MRI and the results showed a multilevel degenerative change throughout the cervical spine with mild canal narrowing at the C4-5 level, mild degenerative disc disease at the C5-6 level, left shoulder infraspinatus tendinopathy without rotator cuff tear and subacromial-subdeltoid bursitis. Our client was diagnosed with a herniated nucleus pulposus at the C4-5 level. Our client underwent an anterior cervical diskectomy and fusion with an insertion of a spacer and anterior cervical plate. He was later placed on light duty and eventually returned to work. He was off work for approximately 23 weeks for his injuries. The defense disputed whether our client was injured to the degree alleged and whether or not our client’s injuries needed or deserved any compensation. Our firm secured a settlement for $50,000.00 representing 25% loss of use of person as a whole. WG
A 43-year-old woman sustained repetitive traumatic injuries to both her hands and right shoulder during the course of work as an assembly line worker. She was diagnosed with bilateral carpal tunnel syndrome and rotator cuff tendinopathy and impingement at the AC joint of the right shoulder due to bone spurs on the distal clavicle. She underwent a right endoscopic carpal tunnel release and then later a left endoscopic carpal tunnel release with an excision of a volar wrist ganglion cyst. She also underwent acromioplasty and distal clavicle excision of the right shoulder and upon recovery was released back to work. She was off work for approximately 26 weeks. Her employer disputed whether she sustained injuries to the degree alleged and objected to paying temporary total disability benefits and medical treatment. Our firm secured a settlement for $52,500.00 representing 20% loss of use of the right hand, 20% loss of use of the left hand, 17.5% loss of use of the right arm, medically related mileage and unpaid medical expenses. JG
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