Workers' Compensation Case Results
Nurse injured her shoulder and neck after transferring a patient out of a wheelchair. Her disability benefits were terminated after six months despite her still not being able to return to work. The employer offered a lite duty position which it claimed would be within her physical limitations, thereby allowing its workers’ compensation insurance carrier to argue that it should not be responsible for paying any further disability benefits to our client. Yellin & Hyman filed a claim on her behalf and on the day prior to presenting her claim before the administrative judge obtained a lump sum settlement of $70,000, representing over 2 years of future total disability benefits.
Environmental technical manager, who lived in Maine but worked in Massachusetts, lost his balance and fell at work, fracturing his left leg. He also had a rare degenerative muscle disease that contributed in the fracture not properly healing. The muscle disease progressed and the insurance company argued that the disease and not the broken leg was the major cause of the client’s disability. Despite that complicating issue, we were able to keep the client on total disability benefits for over eight years and then obtained a settlement of $270,000.
After returning to work following surgery from a back injury, service technician reinjured his back due to lifting a heavy air conditioning unit with three other employees, resulting in his undergoing another back surgery. Our office filed a claim for additional benefits against the employer based on the theory that the employer required our client to do heavy lifting despite its knowledge of his back injury. After getting the client on permanent and total disability benefits an agreement was reached to settle his claim for $300,000. A few years later, the insurance company refused to reimburse the client for pain medications and a claim was filed on the client’s behalf, resulting in the insurance company paying the client for those medical expenses.
Client was an office worker with a pre-existing condition of allergies. When her employer installed new carpeting in the building in which she worked, she received a severe adverse reaction. Eventually, her allergic condition worsened to the point that she was no longer able to remain at work. A claim for workers’ compensation was filed on her behalf with the allegation that chemicals used in the installation of the carpeting caused a permanent allergic reaction resulting in her disability. Prior to presenting her claim to the administrative judge, a settlement was obtained in the amount of $63,000.
Office worker had surgery to her neck for an injury at work. She thereafter injured her right shoulder while doing pool therapy. After the client had received workers' compensation benefits for a little over two years, the insurance company attempted to stop her disability payments, based primarily on several days of video of the client's activities. After a Hearing, Yellin and Hyman was successful in having the judge place the client on permanent and total disability benefits, finding the insurance company responsible for treatment of the client's shoulder and awarding to the employee $12,000 for permanent impairment of her neck. Her case eventually settled for the amount of $175,000 which also resulted in an increase in the client's monthly social security disability benefits. (Yellin and Hyman assisted client in obtaining SSDI benefits after she was initially denied.)
Client had been a delivery driver for the same employer for thirty-four years when he injured his back lifting at work. We were successful in keeping him on disability benefits when the insurance company attempted to terminate his benefits based upon surveillance video of him lifting a heavy piece of furniture and based on the fact that he had earlier discussed with his employer the prospect of retirement. The client eventually settled his case for the amount of $235,000.
Assembly worker injured her back when a co-worker grabbed her by her safety belt and lifted her into the air. Following contentious hearings, which included the testimony of medical and vocational experts, she remained on total disability benefits for several years due to the diagnosed conditions of chronic pain syndrome, fibromyalgia and reflex sympathetic dystrophy. An additional claim was brought against her employer as a result of the conduct of the co-employee, with that claim settling from $20,000. She thereafter received approximately $12,000 for compensation of her loss of function and eventually settled her workers compensation claim for $110,000.
During the course of his employment, client slipped and fell and sustained a serious injury to his back. Client received temporary disability benefits and then, seven years after his accident, we secured a judge's Order which awarded the client permanent and total disability benefits. We thereafter were able to obtain a settlement in the amount of $125,000. Client returned to work a few years later for a different employer. He had another slip and fall accident, this time while walking from the parking lot into the building, resulting in a fracture of his right ankle and possibly reflex sympathetic dystrophy. A claim for emotional injury was joined to the physical injury claim as he suffered from depression and anxiety as a result of changes in his life caused by the accident. The employer contested his case on the theory that he was on his lunch break and his accident occurred on property not owned by his employer. We prevailed on his claim as he was placed on total disability benefits. Four years after his accident we settled this case for the sum of $225,000.
After client had been on workers’ compensation benefits for 23 years due to a serious back injury, we assisted him in getting on Social Security Retirement. This resulted in his receiving cost of living benefits on his workers’ compensation benefits, raising his weekly checks by over $400. A few years thereafter he settled his case for approximately $223,000. The law that applied to his date of injury stated that insurance companies were no longer responsible for injured worker’s medical expenses after a settlement. Despite this, we were able to negotiate into the settlement agreement that the insurance company would in fact remain responsible for future medical expenses related to his accident.
Fifty-six year old construction worker had injured his back when he fell into a trench. A claim was brought before an administrative judge for a hearing on the issues of client’s disability and whether it was a result of his accident or from a pre-existing condition. After the testimony of the client, a vocational expert and the impartial physician assigned to the case, the client was awarded permanent and total disability benefits. Client thereafter settled his case for $200,000 and in doing so also received a $750.00 per month increase in his Social Security Disability benefit.
Warehouse worker injured his neck while operating a forklift. After the client underwent two surgeries to repair herniated discs in his neck, Yellin & Hyman, PC was successful in obtaining an order of permanent and total disability workers’ compensation benefits. Yellin & Hyman, PC thereafter negotiated a settlement of his case in the amount of $350,000. Yellin & Hyman, PC also represented the client on his claim for Social Security Disability benefits, obtaining a fully favorable decision after a hearing before an administrative law judge.