Case Studies

Employer Blames Employee’s Age as Cause of Injury

A client came to me as referral from a prior client. He used to drive a tractor-trailer until he injured himself climbing on the trailer. From my perspective, it was a pretty straightforward injury, because, prior to his injury, he was able to do this job without any problems.

The employer’s defense was that the client is getting older and his complaints are the result of his pre-existing arthritis flaring up. This case was aggressively litigated for nine months. The client ultimately grew tired of the litigation, and I was able to resolve the claim for 4.5 years of indemnity benefits (approximately $125,000).

The case would have been worth more if the claim had been accepted, but the client did not want to take the risk an unfavorable Order from the Judge. The good news is that this client was also able to get Disability benefits from Social Security, as well as retirement benefits from a prior employer. The $125,000 workers’ compensation resolution will allow him to supplement his income and enjoy his early / forced retirement.

Traumatic Brain Injury

A Union Electrician was hit in the head by a large cable, resulting in a number of injuries- including ongoing vertigo and a facial scar. Our client was fortunate that his employer treated him fairly, by immediately making modified duty work available to him. This client came to me, just to make sure that his claim was being handled properly. He also wasn’t entirely happy with the doctor he was treating with for his head injury. I discovered that although the employer had made alternate work available to him, there was a disconnect with the insurance carrier and he wasn’t receiving ongoing partial disability benefits. The client was also unaware that he was entitled to additional compensation, due to the facial scar. I referred him to a neurologist, and he was able to get physical therapy tailored to his condition. I also resolved his workers’ compensation claim for $120,000.

Re-Occurring Injury is Denied Workers’ Compensation Benefits

A woman was represented by another attorney on her claim for workers’ compensation benefits. The Judge found against her and did not award any wage loss benefits, but did award some medical benefits. She had to continue to work, while treating for her work injury. To make matters worse, the insurance adjuster either didn’t understand the Judge’s order or simply neglected to pay a number of medical bills. Her attorney refused to take an appeal on the case, and the woman could not find another lawyer to take the appeal. She then turned to her local bar association and they referred her to me. I took the appeal and got her $45,000 of medical bills paid. I was also able to get the client $20,000 as a penalty- because the of the adjuster’s refusal to pay her medicals.

Workers’ Compensation- Pre-Existing Medical Condition

A man was previously represented by another attorney on a workers’ compensation claim. His case was extensively litigated all the way up to the Commonwealth Court. However, he was not happy with his representation. When his employer tried to terminate his workers’ comp benefits, he found a new attorney. That new attorney came to me for assistance in handling the claim, because of the complexity of the case. The man had a pre-existing medical condition of Multiple Sclerosis (MS), and it was difficult to separate his work injury from his pre-existing condition. By taking the client’s testimony and the testimony of his treating doctor, I was able to convince the Judge that my client continued to be disabled due solely to his work injury. As a result, the client continued to receive his wage loss benefits, has now applied for Social Security Disability benefits, and is able to plan for his third lumbar surgery.

Denied Social Security Disability Benefits

A man had filed a claim for Social Security Disability. He was permanently disabled, and unable to work as a result of two separate work injuries. He was denied Social Security Benefits, and came to me to file an appeal. Upon reviewing his case and completing a thorough interview of my client, I was then able to file an appeal and get his claim for disability benefits quickly approved- without the client having to even go to a hearing.

Employer Wants Disabled Employee Back to Work

A man was previously represented by several lawyers. He had discharged his last lawyer when he was not able to resolve the workers’ compensation claim to the client’s satisfaction. The client came to me because his employer was trying to get him back to work, despite the doctor saying that he was permanently disabled. I was able to guide the client through two independent medical evaluations, two vocational evaluations, and two job offers- all of which were initiated by his employer. To date, his employer’s efforts have not resulted in any new litigation and my client continues to receive his full workers’ compensation benefits.

Workers’ Compensation Denied Claim

A man came to me on a referral from his family doctor. He had been hurt at work and did not trust his employer to do the right thing by him. Unfortunately, he was correct, and the employer refused to accept his claim. I filed a claim petition for him, and was able to convince the adjuster to accept the claim without any significant litigation (despite their prior denial of the claim). By circumventing the long litigation process, the client began receiving wage loss benefits immediately. The client’s claim is currently postured for settlement, as his employer does not have any modified duty work available for my client.

Probationary Employee Has Workers’ Comp Claim Denied

A man slipped and fell on a wet floor at work while he was a probationary employee. Despite the fall being witnessed by two co-workers, his employer denied the claim. The client suspected that his employer denied the claim because he was a probationary employee, and was afraid that the employer would terminate him. I filed a claim petition before the 90-day probationary period expired, and convinced the adjuster to accept my client’s injury. By getting the claim accepted quickly, we avoided potentially a year of litigation, during which the client would not receive benefits. My client is currently preparing for surgery, while he receives his weekly workers’ compensation indemnity check to support his family.

Re-Occurring Injury is Denied Workers’ Compensation Benefits

My client is single woman who lives alone now that her children are grown. She injured her knee while working as a certified nursing assistant. Although she continues to work with restrictions, she needs to have surgery. The client was concerned if the claim was not accepted by her employer, her claim would be denied when she did have surgery. She would have no income while she recovered. The client came to me after being turned down by a number of other attorneys. I addressed her concerns and ensured that her claim was accepted. Currently, her surgery has been authorized and should be scheduled soon.

Re-Occurring Injury is Denied Workers’ Compensation Benefits

A man came to me because his work kept causing him to have a recurrent hernia. In the past, the claim was always accepted. In this instance, the employer denied the claim. The client was anxious to have surgery and return to work as quickly as possible. I was able to get the claim accepted and the surgery approved without lengthy litigation so he could have the hernia repaired and get back to work.