We Make Sure Workers Get The Benefits They Deserve

THE FOLLOWING ARE ARTICLE SUMMARIES FROM A VARIETY OF PUBLICATIONS. THE RESULTS DESCRIBED IN EACH CASE OR CASE SUMMARY CONTAINED BELOW DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY THE ATTORNEYS OF BECKER, KELLOGG & BERRY, P.C.

Severely Injured Worker Receives Large Lump-Sum Settlement And Yearly Annuity Valued At An Amount Greater Than $1,000,000

On December 31, 2005, claimant, a nurse, injured her back lifting a heavy patient. Claimant underwent a lumbar surgery. Subsequently, she had difficulty voiding her bladder. After presentation to the emergency room complaining of same, another surgery was performed to evacuate hematomas on her spine. The hematomas left her permanently disabled. Her diagnoses were cauda equina syndrome, failed back and neurogenic bladder.

Claimant subsequently developed avascular necrosis of the right knee. This condition was determined to be caused by use of steroid therapy for treatment of her back. The carrier denied the causal relationship and further asserted the majority of the steroid therapy was prescribed by a provider previously determined to be an unauthorized provider by the Commission. The avascular necrosis could only be treated by undergoing a total knee replacement. Considering the immediate need for this procedure, the denial of coverage by the carrier, the risks of litigation and time frame under which a final ruling on this issue could be anticipated, the parties engaged in mediation, which resulted in settlement.

Based on claimant's life expectancy, the total settlement, including up-front payment and the annuity, is valued at $1,700,000.

Injured Worker Recovers $250,000 After Suffering Two Separate Injuries Working For The Same Employer

On May 5, 2010, claimant injured his back at work. He received treatment, but improved, and returned to work at the pre-injury employer. Later, on December 28, 2010, claimant injured his back again at work, which necessitated surgery. He remained out of work since that time. After May, 2012, the insurance carrier took the position no claim was ever filed with the Commission as to the May 5, 2010 accident, and therefore, the statute of limitations had not been preserved and ceased his benefits.

He engaged our firm.

We assisted in filing claims on his behalf for both accidents and found an Award agreement that had been executed by the parties relating to the first, but never entered by the Commission, which we believed to be a "claim" for purposes of protecting the statute. After the award agreement was found, the parties agreed to resolve both claims for $250,000.

Injured Worker Recovers $175,000 In Work-Related Accident

On June 28, 2010, claimant lost his thumb while using a shaper for his company. Emergency surgery was performed to re-attach the thumb, but unfortunately, the tissue would not reattach. Claimant was referred to a prosthetic doctor to evaluate his future prosthetic care. He also underwent a functional capacities evaluation and subsequently returned to work in a light duty capacity. Based on future prosthetic needs, partial wage loss and permanent loss of use, the parties resolved the case for $175,000.

Injured Worker Recovers $100,000 Plus Coverage Of Back Surgery In Work-Related Accident

On February 2, 2010, claimant injured his back shoveling a pile of snow for his company. Claimant was diagnosed with a lower spine disk herniation, and surgery was recommended. Claimant was unable to work pending surgery. The treating physician, a neurosurgeon, provided a strong report on behalf of claimant, supporting the need for surgery and restriction from all work.

A week before the hearing, the parties reached an agreement whereby claimant would receive a lump sum of $100,000 as well as coverage of the surgery recommended by his treating physician.

Injured Worker Recovers $100,000 In Work-Related Accident

On August 4, 2010, claimant injured his back while attempting to remove a heavy mirror from a wall. Claimant was diagnosed with multiple lower spine disk protrusions. Surgery was not recommended; however, claimant required medications and physical therapy. He also underwent work hardening and continued to seek employment while on restricted duty.

Days before the hearing, the parties agreed to resolve the case by paying claimant a lump sum of $100,000, as well as cover any outstanding medical treatment through the date of settlement approval.