Wage Differential Injuries

37 year-old male fell off his employer’s truck, causing injuries to his right shoulder and lumbar/cervical spine. The employer disputed whether the incident occurred, disputed temporary total disability benefits and denied that the client was disabled for any period of time. Our client underwent surgery to repair a posterior labral tear of the right shoulder and a disc fusion at L3-4, each to no avail. In the mean time, our client found employment within his work restrictions, but received a lower wage. We secured a settlement for the sum of $170,000.00, which represented a weekly wage differential award based on a disputed impairment of earnings.

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. We argued his case and the arbitrator awarded wage differential of approximately $276.00 per week, penalties and attorney’s fees for delay in payment of medical and TTD benefits. In the end the award exceeded $200,000,00, later reduced to present cash value. KD.

 

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