Recent Settlements & Awards
COLORADO WORKERS’ COMPENSATION SETTLEMENTS AND AWARDS
$1,095,348.32 Settlement For 47-Year-Old Colorado Truck Driver
$1,095,348.32 Settlement For 47-Year-Old Colorado Truck Driver Suffering Fractured Spine, Broken Arm And Knee Injuries In Truck Wreck
$1,095,348.32 settlement for Colorado Truck driver who inadvertently left the rear boom of his commercial truck extended causing it to impact with a railroad bridge at highway speeds. The impact caused the truck to come to an immediate stop resulting in the driver sustaining a T10 vertebral body fracture as well as fractured of the ulna in his right forearm. The collision also aggravated osteoarthritis that existed in both the employee’s knees as well as a pre-existing low back injury.
The employee underwent a T8 to T12 fusion with instrumentation for his spine fracture. He also underwent knee replacements on both his knees paid for by the workers’ compensation insurance carrier.
The driver was paid $93,495.64 in temporary total disability benefits which would be applied against Colorado’s monetary cap of $168,677.59 for total indemnity benefits which could be paid for his date of injury pursuant to C.R.S § 8-42-107.5. The driver and his attorney got around the limits of the cap by arguing that the worker’s injuries were serious enough that a finding of permanent total disability was possible on the case.
The settlement included $126,000.00 for future indemnity benefits as well as $969,348.32 for future medical costs. The total settlement had a present value of $784,973.18.
Claimant was represented in the case by attorney M. Scott Ash.
$547,251.00 Colorado Workers' Compensation Settlement
$547,251.00 COLORADO WORKERS’ COMPENSATION SETTLEMENT FOR RAILROAD WORKER SUSTAINING SUBDURAL HEMATOMA FOLLOWING FALL FROM SHUTTLE VAN
Twenty-nine-year-old laborer for a railroad contractor somehow became unresponsive during the latter part of his workshift and while at the railyard where he performed his work assignment. Over thirty minutes elapsed before he was taken by his supervisor and other co-workers to a local urgent care. A CT scan of his head revealed a large acute subdural hematoma with extensive subarachnoid hemorrhage with all this causing mass effect and a 12mm shift of employee’s brain. With this he was transferred to a level I trauma hospital where he underwent a craniectomy for evacuation of his large subdural hematoma.
This employee had a past medical history of a motor vehicle accident which occurred less than two years prior to his injury at the railyard during which wreck the worker was ejected and underwent a craniotomy for evacuation of a subdural hematoma sustained during that wreck. The worker received inpatient rehabilitation treatment following that accident. He also experienced post-traumatic seizures. However, worker had been seizure free for several months before the alleged incident at the railyard.
Employer and its workers’ compensation carrier denied the case for several reasons, including the following:
-That Workers’ estranged girlfriend apparently made a statement to the employer that the worker sustained a head injury the night before he became unresponsive in the railyard during a ‘bar fight’. The ex-girlfriend also told emergency room staff that employee had been beat up three days before the date of his alleged accident at a location two hundred miles away from the railyard.
-That the employee’s “sudden and unexplained loss of consciousness while walking on the job site” was due to his previous head injury sustained during the car wreck where he was ejected.
Employer also relied on the fact that employee had no recollection of how he got hurt and surmised he may have fallen from a railcar—which working on such would not have been part of his assigned job detail and considering this would not have been covered under workers compensation law.
Worker had previously hired two separate attorneys to represent him in the case. The first withdrew shortly after reviewing the file. The second, citing the above defenses put forward by employer, strongly encouraged the injured employee to accept a $15,000 offer made by the workers’ compensation insurance company. Employee refused this offer, fired attorney number two, and hired attorney Scott Ash.
The case proceeded to litigation. As this employer folded shortly after worker’s injury relevant records were lost/destroyed and potential witnesses to the events of the day worker was allegedly hurt scattered. Counsel was, however, able to locate a former employee locally. Although this employee did not witness worker’s injury, she did retain a paycheck stub which provided information as to a third-party payroll service company which, after subpoenaed, provided a full list of employees working for employer at the time of worker’s alleged accident. With this list counsel was able to locate three former employees of employer who, while now working and living outside the state of Colorado, provided exacting testimony that worker actually fell striking his head on the pavement while exiting a modified shuttle vehicle used by employer’s workers for necessary movement about the railyard—following only which the worker became unresponsive. Now with this evidence a workers’ compensation case under Colorado law could be proven. This newly discovered evidence of how worker fell from the shuttle would also prove that worker’s injury was more compatible with a fall as witnessed by his co-employees as opposed to worker being involved in a fight either the night or several days before. Finally, worker and counsel argued that the van as modified without doors nor seatbelts created a special hazard of worker’s employment, and that even if he did have a seizure while a passenger in the van, the lack of doors and seatbelts caused him to fall to the pavement and sustain the injury he did. The argument being that even if he had a personal event that caused him to lose consciousness, had he been seat belted and the van had the doors maintained in place he would have remained safely in the vehicle and would not have fallen from the van and fractured his skull as did indeed occur.
With this newly discovered information employer now interposed a safety rule defense alleging that even if the injury is compensable under Colorado law worker improperly alighted from a moving vehicle entitling employer to a statutorily mandated fifty percent (50%) reduction in workers’ benefits should the case ultimately be found compensable. Even with this new information employer continued to maintain the argument that worker’s case was not compensable under Colorado law.
Just prior to the case proceeding to hearing on compensability the parties settled for $547,251.00 with $130,223.00 of this amount being allocated for worker’s ongoing medical needs.
$500,214.91 Colorado Workers' Compensation Settlement
$500,214.91 COLORADO WORKERS’ COMPENSATION SETTLEMENT FOR THIRTY-FIVE YEAR OLD PARAMEDIC WHO INJURED HER ANKLE WHICH RESULTING IN HER DEVELOPING CAUSALGIA AFFECTING THE SAME LOWER EXTREMITY AS WELL AS A CONSEQUENTIAL ADJUSTMENT DISORDER
Thirty-five-year-old paramedic injured her left foot/ankle which, following multiple surgeries to repair the same—including a subtalar fusion, caused her to develop a consequential causalgia to that lower extremity. As a result of her ongoing pain and disability, she also began to experience depression and was diagnosed as suffering from post-traumatic stress disorder as well as an adjustment disorder as a direct and proximate result of her original ankle injury.
This worker, during the course of her eight surgeries, received several years’ worth of temporary total disability benefits which caused her to exceed not only the lower cap but also the higher statutory cap for indemnity benefits allowed under Colorado law. Once she reached her maximum medical improvement her employer took the position that she was entitled to absolutely no permanent partial disability benefits or a settlement owing to her reaching (and in fact exceeding) both indemnity caps mandated by Colorado workers’ compensation law.
An application for hearing was filed on the injured worker’s case asking that an award of permanent total disability benefits be entered in favor of the employee. Employer strongly denied worker’s argument that she was permanently and totally disabled as a result of her injury citing her young age and her having a college degree. It was employer’s argument that, understanding that this worker had a lower extremity injury, she could certainly do at least a sedentary or sit-down job, thereby defeating her PTD case.
Employee also requested an award of ongoing medical treatment and benefits, including the right for her to receive ongoing sympathetic nerve blocks as well as maintenance, repair and replacement of an expensive IDEO ankle brace her treating doctor prescribed for her. Her employer countered that these benefits, if awarded, should be severely limited in scope and duration.
The case settled for $500,214.91—the employee receiving an immediate lump sum cash payment of $255,000.00, with an additional amount, $245,214.91, being allocated for worker’s future medical expense, including maintenance and repair of her brace. The Claimant in this Colorado Workers’ Compensation case was represented by attorney M. Scott Ash.
NOTE: Attorney Scott Ash also represented this client in her Social Security Disability Insurance (SSDI) case—which resulted in the injured worker receiving a fully favorable decision following a hearing before an Administrative Law Judge.
$452,953.00 Colorado Workers' Compensation Settlement
$452,953.00—COLORADO WORKERS’ COMPENSATION SETTLEMENT FOR 48-YEAR-OLD CONVENIENCE STORE MANAGER WHO SUSTAINED POST-TRAUMATIC STRESS DISORDER AFTER WITNESSING A BANK ROBBERY
While waiting in line inside a bank depositing checks at the direction of her employer—a forty-eight-year old manager of a convenience store witnessed a bank robber demanding money from a teller at an adjacent window. The trauma associated with this event caused her to suffer post-traumatic stress disorder (PTSD) and consequential anorexia nervosa. While the worker’s employer and its insurance carrier did admit workers’ compensation liability for the PTSD, they both strongly denied that the robbery caused the employee to suffer from an eating disorder—from which the worker was caused to be hospitalized on numerous occasions.
The case proceeded to litigation on the issue of whether the eating disorder was causally related to the robbery. In the interim $70,676.00 in temporary total disability benefits were paid and the parties ultimately settled the case for $452,953.00, of which $114,697 was allocated to the worker’s future medical care.
$342,401.79 Colorado Workers' Compensation Settlement
$342,401.79 COLORADO WORKERS’ COMPENSATION SETTLEMENT FOR FIFTY-SEVEN YEAR OLD SALES ASSOCIATE WITH HAND INJURY CAUSING DEVELOPMENT OF COMPLEX REGRIONAL PAIN SYNDROME
Fifty-seven-year-old sales associate for a big box home improvement store injured his left hand when a handle on a bucket broke causing the top of his hand to strike a cross member on a “U-cart”. Worker also developed a consequential Complex Regional Pain Syndrome affecting his left hand, arm, and shoulder. Employee also claimed that his CRPS extended up into his neck, face and even caused him vision loss. Employer and its insurance carrier denied the nature and extent of worker’s CRPS to his left upper extremity and fully contested that this condition was causing worker problems with his neck and face and further argued that no cases of CRPS affecting a person’s vision were ever recorded in the medical literature.
It should be noted that worker underwent testing for CRPS putting forth positive findings on both a Thermogram and Autonomic Testing Battery which, according to his treating doctor, met both the Budapest and Colorado Division of Workers’ Compensation diagnostic criteria for a diagnosis of Complex Regional Pain Syndrome. With this worker underwent three stellate ganglion blocks. A psychologist determined that worker would be a good candidate psychologically for a spinal cord stimulator to help alleviate his symptoms. Following a successful trial of spinal cord stimulation worker had a permanent stimulation device implanted in his cervical spine.
Following worker reaching maximum medical improvement for his injury employer filed a Final Admission of Liability admitting permanent partial disability benefits to employee of $20,701.38. However, following it deducting what it argued was a temporary total disability overpayment as well as a Social Security disability offset—employer maintained it only owed employee a settlement amount of $5,545.25. Worker and his attorney objected to the final admission, obtained an opinion from his treating physician that he was unable to use his dominant left arm for ordinary work, and with this argued that worker was permanently and totally disabled and entitled to a lifetime benefit.
The case settled for $342,401.79 pending a court hearing on the issue of permanent total.
Worker was awarded Social Security Disability benefits as well.
Attorney M. Scott Ash represented worker in both his Colorado workers’ compensation and Social Security Disability benefit cases.
$261,000.00 Colorado Workers' Compensation Settlement
$261,000.00 COLORADO WORKERS’ COMPENSATION SETTLEMENT FOR SIXTY-ONE-YEAR-OLD NURSE CASE MANAGER WHO FELL ENTERING HER WORKPLACE SUSTAINING BOTH AN ULNAR AND DISTAL RADIUS FRACTURE TO HER WRIST WITH SUBSEQUENT DEVELOPMENT OF COMPLEX REGIONAL PAIN SYNDROME, OR CRPS, TO HER ENTIRE ARM AS WELL AS CONSEQUENTIAL DEPRESSION AND AN ADJUSTMENT DISORDER.
Sixty-one-year-old nurse case manager fractured both her distal radius and ulna in her wrist when she fell on snow and ice entering her workplace to begin her work for the day. The fractures fortunately did not require surgery however the employee did develop Complex Regional Pain Syndrome in the fractured arm which condition led to her being diagnosed and treated for an adjustment disorder associated with symptoms of depression.
The claim was admitted by the employer and employee was thereafter paid $95,471.00 in temporary wage loss benefits. However, after the employee reached maximum medical improvement from her injuries employer maintained that no final settlement or any further monetary benefits were due employee as she had exceeded Colorado’s statutory cap for combined cash indemnity benefits, considering the amount of temporary total disability benefits she had previously drawn. Employer further maintained that employee had been overpaid $4,809 in temporary benefits for which overpayment the employer was seeking repayment from the employee.
In response—employee’s counsel argued that she was unable to return to any competitive work as a result of her injuries and was thus permanently and totally disabled under Colorado workers’ compensation law—entitling her to a weekly and lifetime check from her employer. To this end employee’s counsel secured testimony and opinions from her treating physicians as well as a vocational expert that she was unable to use her dominant arm for lifting or any other work activity and further limited from performing mental work-related functions as a result of her depression.
The case settled for $261,000.00 while pending a court on the issue of permanent total disability. The employee received an immediate lump sum cash payment of $200,000.00 with an additional amount of $61,005 allocated to pay for her future medical costs.
The employee was represented in the case by attorney M. Scott Ash.
$235,853.83 For Twenty-Four-Year-Old Youth Camp Counselor
$235,853.83 SETTLEMENT FOR TWENTY-FOUR-YEAR-OLD YOUTH CAMP COUNSELOR THROWN FROM HORSE WHILE GUIDING A TRAIL RIDE
Twenty-four-year-old youth camp counselor injured her head, neck, wrist and ankle when thrown from a horse while guiding a trail ride. Radiographic imaging of the worker’s neck revealed that she had suffered displaced fractures at both C6 and C7. An x-ray of her wrist demonstrated a distal radius fracture and another of her ankle showed what the radiologist suspected to be an osteochondral fracture. Finally, worker was diagnosed by a neuropsychologist as suffering from post-concussion syndrome as well as post-traumatic headache.
The worker underwent a one-level cervical fusion for treatment of her neck fractures as well as internal fixation with plates and screws for her broken wrist. She also underwent two surgical procedures for reconstruction of her osteochondral fracture.
Employee received $47,669.04 in temporary disability as well as $109,292.96 in permanent partial benefits all paid by her employer’s workers’ compensation carrier—following which payment employer and carrier both maintaining that no further benefits were owed to employee. Employee maintained that the nature and extent of her injuries as well as her permanent restrictions rendered her totally disabled entitling her to benefits for this total disability under Colorado law. Worker also maintained that she was entitled to significant ongoing treatment for her injuries. Employer strongly disagreed with both these assertions and litigation ensued.
The parties settled the case for $235,853.83 while awaiting a court hearing on worker’s request for permanent total disability and continuing medical benefits.
The worker was represented in this case by attorney M. Scott Ash.
$218,682.00 Colorado Workers' Compensation Settlement
$218,682.00 COLORADO WORKERS’ COMPENSATION SETTLEMENT FOR FIFTY-FIVE-YEAR-OLD ROAD MAINTENANCE WORKER WITH HAND/WRIST INJURY
Fifty-five-year-old transportation maintenance worker sustained significant injury when his tractor hit a hole which caused him to hyper-extend the hand he was stabilizing himself with while mowing diagonally across a sharp grade. Worker was referred to an orthopedic hand surgeon who, following review of an MRI study, diagnosed worker as suffering from a traumatic aggravation of a preexisting scapholunate advanced collapse arthrosis. This hand specialist determined that worker required a wrist salvage procedure to correct this problem—and worker did indeed undergo surgery for proximal row carpectomy with limited wrist denervation by excision of the terminal branches of his anterior and posterior interosseous nerve.
Conservative treatment was performed following the above surgery without benefit. In fact, worker’s condition worsened following surgery to the point that it was recommended that he undergo either a wrist arthroplasty or a total wrist arthrodesis. Worker chose the former and did undergo a wrist replacement arthroplasty as well as neurolysis of his radial nerve.
Following his second surgery it was suggested by pain management that worker may be developing signs and symptoms of a Complex Regional Pain Syndrome (CRPS) of the involved upper limb. By this time worker’s hand surgeon was recommending that he undergo the total wrist fusion or arthrodesis which had been discussed before his most recent surgery. Worker declined and was given a 17% upper extremity impairment rating by his treating doctor.
Worker and his attorney requested another opinion regarding the recommended wrist fusion procedure following which examination and a renewed recommendation for the worker now wanted to pursue such aggressive intervention.
With worker’s demand for approval of the recommended wrist fusion surgery his employer requested an independent medical examination with the Colorado Division of Workers’ Compensation. The doctor selected through that process recommended that worker: (1) undergo testing to determine if, indeed, he had CRPS and, if so, additional treatment would be required under Colorado medical treatment guidelines; and that (2) worker was a candidate for a total wrist fusion and that orthopedic follow-up would be reasonable in that regard. This examining doctor further determined that if worker did not test out as having CRPS, or if he declined that recommended wrist fusion, that he would have been at maximum medical improvement some twenty months earlier when he was examined and placed at MMI by an independent examination set up by the employer.
Based upon the results of the Division IME employer and its insurance carrier filed a Final Admission of Liability admitting responsibility for the 26% upper extremity rating given to the injured worker by the independent physician, which would pay worker $15,516.09. As part of its admission of liability employer also asserted that worker was overpaid the twenty months he was paid a temporary total disability check following the earlier opinions of maximum medical improvement by both the employer and division independent doctors—which overpayment would total $78,428.14 and further which overpayment employer indicated it would pursue worker to collections for.
Worker objected to employer’s stipulations and requested a hearing on the issues of: (1) further testing to determine of worker had CRPS; (2) worker’s request for the recommended wrist fusion surgery; (3) employer’s requested overpayment; and finally (4) if the court determined that the worker was at maximum medical improvement, permanent total disability benefits. Regarding the last issue, it was worker’s position that if no further treatment for his condition was indicated—that his dominant hand/wrist was useless for any form of ordinary labor thus rendering him permanently and totally disabled for any meaningful work detail.
The parties settled for $218,682.00 pending a hearing on the above issues. This settlement specifically included employer’s waiver of the $78,000.00 overpayment it claimed it was owed in the case.
Worker in this case was represented by attorney M. Scott Ash.
NOTE: Attorney Scott Ash also represented this worker in his SSDI case in which he received a Fully Favorable Award.
$175,000.00 Colorado Workers' Compensation Settlement
$175,000.00 COLORADO WORKERS COMPENSATION SETTLEMENT FOR DENTAL HYGIENIST WHO SUSTAINED CERVICAL DISC INJURY AND A CLOSED HEAD INJURY WHEN SHE FELL IN THE PARKING LOT OF HER EMPLOYER’S CLINIC
Fifty-four-year-old dental hygienist injured her head, neck and left hand when she fell on snow/ice entering her workplace. A CT scan and MRI of worker’s cervical spine revealed that she was suffering from multilevel degenerative changes which were causing foraminal stenosis and cord contact at both the C5-6 and C6-7 levels. An x-ray of employee’s hand demonstrated advanced arthritis of the carpometacarpal (CMC) joint of her thumb. Employer and its workers’ compensation insurance company denied liability for the neck and hand conditions asserting that both of these conditions arose from pre-existent degenerative changes that were not caused nor aggravated by the worker’s fall. Worker countered that even if these changes were pre-existing—she was asymptomatic with these conditions before her fall and the fall itself caused a significant and identifiable aggravation of these underlying conditions to the point that she was now symptomatic and in need of treatment for the same.
A neurologist diagnosed worker as suffering from post-concussive syndrome causing her cognitive deficits as well as a bilateral occipital neuralgia for which she underwent occipital nerve blocks. She was also diagnosed with an adjustment and general anxiety disorder. Her treating doctor removed her from work as a result of these conditions—following which employee was paid over $60,000 in aggregate weekly temporary total disability benefits.
Worker consulted a neurosurgeon for her neck pain and it was recommended that she undergo a C5 to C7 anterior cervical discectomy and fusion, i.e. a two-level fusion, for treatment of her cervical cord compression and to help resolve the pain and numbness she was experiencing in her arms. It was the surgeon’s opinion that worker’s cord compression did appear to be the result of C5 through C7 chronic degenerative spondylosis, and it was likely that her fall did exacerbate her symptoms. Worker’s employer denied responsibility and refused to pay for the surgery and to this end had worker examined by a doctor who opined that worker’s need for surgery was pre-existing to her work-related injury. Worker’s need for surgery to her thumb was deferred until after she had her neck problem dealt with.
The parties proceeded to a settlement conference while the case was pending a court hearing on worker’s request for cervical spine surgery. Employer contended that, considering the amount that had already been paid worker for her injury, that there was only about $125,000.00 left under Colorado’s upper statutory cap for combined indemnity benefits in the case, and less than $30,000.00 left under the cap if the lower limit was used, arguing that worker’s impairment may not exceed the 25% needed to reach the upper cap. In response, worker and her counsel argued that the cost of worker’s further treatment, including recommended surgery, temporary benefits which would be due following this and other treatment, as well as other ancillary charges, would well exceed even the upper indemnity benefit cap, and that worker following her treatment may be permanently and totally disabled under Colorado law.
The parties settled the case at mediation for an immediate lump sum payment of $175,000.00.
The worker in this case was represented by attorney M. Scott Ash.
$90,000.00 Settlement For 50-Year Old Branch Manager
$90,000.00 Settlement For 50-Year Old Branch Manager Suffering Fractured Ulna, Humerus, And Olecranon In Motorcycle Crash
Fifty-year old Branch Manager of a medical staffing company was injured riding his motorcycle to call on a potential customer. His employer denied the case stating that the employee did not have any appointments scheduled on his calendar at the time of the crash and there was no other evidence that he was calling on a customer at the time of the wreck. It was the employer’s position that the Branch Manager was simply on his way to work when he was injured and, considering this, his injury was not covered by the Colorado Workers’ Compensation Act.
As a result of the motorcycle crash the employee sustained: (1) compound fracture of his ulna; (2) fractured humerus; (3) fracture of the olecranon process with displacement of the radial head; and (4) rib fractures. He underwent emergency surgery for the ulna and olecranon fractures. The injuries and resulting surgery left him with the inability to fully straighten his arm which became permanent. The employee was forced to miss seven weeks of work before returning to his job as a Branch Manager. The employee’s surgeon was of the opinion that further surgery would probably be necessary to give him better extension of his elbow.
The parties settled before trial for $90,000.00. The employee was represented in the case by attorney M. Scott Ash.
PERSONAL INJURY & NEGLIGENCE CASE AWARDS AND SETTLEMENTS
$100,000.00 Settlement For Colorado Side Impact Motor Vehicle Accident
$100,000.00 Settlement For Colorado Side Impact Motor Vehicle Accident Case Resulting In Soft Tissue Back And Neck Injury
$100,000.00 settlement for sixty-one-year-old Colorado woman who was injured when another driver failed to yield her right-of-way and pulled (or most probably slid, as there was snow and ice on the roadway at the time) from a private lot and struck the side of Plaintiff’s car. The Defendant admitted responsibility for the collision at the scene of the accident.
Although Defendant’s insurance company never formally admitted responsibility for Plaintiff’s accident, it did dispute that Plaintiff was injured as a result of the accident and even if she was hurt, Defendant maintained that her treatment was not reasonable and necessary as a result of the wreck. Defendant relied upon the fact that Plaintiff had been involved in another motor vehicle accident just eleven months prior to her current wreck, and that her ongoing treatment was related to the prior accident for which she also received a settlement.
Following diagnostic testing Plaintiff was diagnosed with a cervical and lumbar strain and received chiropractic treatment and physical therapy. She also received two medial branch blocks. Plaintiff’s medical expenses approached $30,000. Plaintiff had no lost wages as a result of the accident.
The case was settled for $100,000.00. Plaintiff was represented by Attorney M. Scott Ash.
$40,000.00 Settlement For Soft Tissue Colorado Slip-And-Fall
$40,000.00 Settlement For Soft Tissue Colorado Slip-And-Fall Premises Liability Case At Restaurant
$40,000.00 Settlement for forty-four-year-old Colorado woman who fell on snow and ice that had accumulated outside a Jack in the Box Restaurant in Littleton, Colorado. Plaintiff claimed that Jack in the Box failed to warn her of, or protect her from, the presence of ice under a thin layer of snow. Plaintiff also alleged that the restaurant had failed or negligently attempted to remove the defect prior to her attempting to enter the front entrance of Defendant’s property. Plaintiff had evidence that Jack in the Box only had attempted to remove the snow and ice after she fell. Plaintiff suffered a concussion and soft-tissue injury to her neck and shoulder as a result of her fall. Her treatment consisted of chiropractic adjustments and four rounds of trigger point injections.
Jack in the Box countered that Plaintiff had assumed the risk of injury by the natural accumulation of snow and ice in front of its restaurant, or that this condition was open and obvious to the Plaintiff therefore there was no reason to warn Plaintiff of or try to correct this danger. Jack in the Box was also prepared to offer evidence that, according to its routine practice, it may have attempted to remove the snow and ice before Plaintiff’s fall down accident. Defendant also alleged that Plaintiff was not injured by her fall and that her medical treatment was not reasonable or necessary as a result of her fall.
The case settled at mediation for $40,000.00. Plaintiff was represented by M. Scott Ash.
OKLAHOMA WORKERS’ COMPENSATION SETTLEMENTS AND AWARDS
$400,000.00 Oklahoma Death Benefit Settlement For Disabled Adult Child Of Deceased Truck Driver
Oklahoma tank truck driver failed to properly negotiate a curve causing the truck to overturn crushing and killing the driver. The driver was not married and had only one child—who was in his thirties and arguably disabled by a rare genetic condition.
Although the deceased driver’s employer and its Oklahoma workers’ compensation insurance company admitted liability for the accident, they both vehemently denied that the deceased driver’s son was disabled, and even if he was disabled denied that the child was otherwise entitled to a death benefit under Oklahoma’s workers’ compensation law. The second argument was premised on the undisputed fact that the deceased driver had never provided any financial (much less emotional) support for his child during his lifetime. In fact, the driver had been in prison for virtually his whole adult and his child’s entire lifetime. To be sure—the deceased worker had never once paid child support to the child’s mother.
It was the employer’s argument that compensation in this case should not be ordered paid since the deceased worker had never himself supported the child so there was no obligation for his employer and its carrier to do so upon his death. The case proceeded to hearing and the Oklahoma Workers’ Compensation judge found that the child was indeed disabled and, regardless of whether the deceased driver provided to him any support, the Oklahoma workers’ compensation law would consider him a dependent legally entitled to a statutory death benefit as he, according to the court, was “physically and mentally incapable of self-support”. With this the Court ordered that weekly compensation be paid to the child as long as he was both alive and still disabled. It should be noted that the child’s genetic condition could certainly result in him not having a normal life expectancy as one without this rare medical condition.
Following hearing the case settled for $400,000.00. Attorney M. Scott Ash represented the adult child through his mother, who was appointed as his guardian by the Court.
$222,236.00 Settlement For Colorado Steel Fabricator
$222,236.00 Settlement For Colorado Steel Fabricator With Cumulative Trauma Knee, Neck, Shoulder And Carpal Tunnel Injuries
$222,236.00 Settlement for Colorado Steel Fabricator suffering cumulative trauma, overuse syndrome and repetitive motion knee, neck, shoulder and carpal tunnel syndrome injuries caused from working as a steel fabricator for 11 years. The left knee injury was in the nature of an aggravation of a pre-existing 1994 injury. Treatment consisted of bilateral knee surgery, bilateral carpal tunnel release, a two level neck fusion and an arthroscopic shoulder surgery. In addition to his settlement the worker was paid $114,744.00 in Temporary Total Disability benefits.
Additionally employee was awarded Permanent Total Disability (PTD) benefits from the Colorado Multiple Injury Trust Fund (MITF), which Order will provide him with a weekly permanent total disability check payable for the next fifteen (15) years. The trial court found he had combined impairment of 117.75%.
Employee was also awarded SSDI.
the settlement included a $175,000 lump sum cash payment and an additional amount of $47,236.00 for his future medical treatment.
Attorney M. Scott Ash represented employee on both his Workers’ Compensation and Social Security Disability claims as well as his Multiple Injury Trust Fund case.