… A 23-year-old professional hockey player suffered a career-ending lower back injury. The hockey team denied any knowledge of his injury, however. A worker’s compensation claim was filed. The hockey player’s personnel file was subpoenaed from the team for a records deposition. The file was hand-delivered by the team’s vice president/general counsel rather than an office clerk, which was very unusual for this type of deposition. The general counsel admitted in the deposition that he and the team were aware of this injury. At the end of the cased, the worker’s compensation judge awarded benefits for the hockey player’s on-going wage … [Read more...]
Professional hockey player suffers a career-ending lower back injury, returns to Canada
September 2, 2016 by
Airline caterer slips and falls, scarring from his neck surgery results in additional workers compensation benefits
September 2, 2016 by
… A 57-year old airline worker was unloading a catering van when he slipped and fell. He injured his neck and back. He had extensive neck surgery which resulted in a scar on the back of his neck. The workmen’s compensation insurance company claimed that the scar on the back of the neck was below the level of the collarbone, which is not compensable. Extensive photographs and measurements were submitted corresponding to x-rays of his neck and upper body. After several hearings, the workmen’s compensation judge awarded significant benefits for the injured worker’s disfigurement and scaring from this surgery. … [Read more...]
Supervisor at juvenile detention facility has workers compensation benefits reinstated
September 2, 2016 by
… An 82-year-old former chief supervisor at a juvenile detention facility was still receiving worker’s compensation benefits. He had injured his shoulder breaking up a fight, eventually needing shoulder replacement surgery. He retired in his mid sixties because of this work injury. His former employer, the juvenile detention facility, filed a petition to suspend his benefits claiming that at age 82 he no longer intended to return to work. The Workers’ Compensation Judge granted the suspension. The Appeal Board reversed because a different judge had already decided that he was forced out of the labor market because of his injury. Further … [Read more...]
Sales manager gets all past-due benefits plus a penalty payment for illegally withheld benefits
September 2, 2016 by
…A 34-year-old finance company sales manager injured her neck in a car wreck on her way to a business appointment. After a doctor hired by her employer’s worker’s compensation insurance company said that she could return to work, her employer filed a petition to terminate her worker’s compensation benefits. After a series of hearings, the judge ruled that the sales manager had not yet recovered from her work injury. The judge also found that the insurance company had violated the Worker’s Compensation Act by failing to pay her partial benefits when she returned to work at light duty and less pay. The insurance company was ordered to pay a 50% … [Read more...]
Appeal Board reverses judge, awards benefits to millwright for shoulder injury
September 2, 2016 by
…A 54-year-old millwright foreman slipped off of a steel beam, catching himself with his arm. He had immediate shoulder pain. He reported this injury to his supervisor and was later laid off. Many months later he was diagnosed with a tear in his rotator cuff. He had shoulder surgery and was disabled from work. His employer refused to recognize his injury and pay for his medical bills or weekly workers’ compensation benefits. After several hearings before a workers’ compensation judge, the judge agreed that he was injured at work, but did not award any benefits. The appeal board reversed the judge’s decision, ordering the employer to pay wage … [Read more...]
Aide drops woman with multiple sclerosis then second aide fails to remove heating pad, causing severe burns
September 2, 2016 by
A 61-year-old woman with multiple sclerosis was dropped to the ground while her aide was attempting to transfer her from her bed to her wheelchair. Because of her back pain, a different aide put a heating pad on her back but forgot to remove it before she left for the night. The woman developed second degree burns because she had decreased sensation of her skin. The case settled during a private mediation conference. … [Read more...]
Woman in hospital has bleeding stroke not timely diagnosed
September 2, 2016 by
… A 34-year-old mother of two young boys and an infant daughter was admitted to a local hospital with a severe headache. On the third day of her admission, she was still in severe pain when her husband reported to the medical staff what appeared to be a seizure. Although the woman became unresponsive, hours went by before a neurology resident examined her. When the woman finally had a CT scan of her brain, they found that she had a bleeding stroke. She had brain surgery but was left with devastating injuries. After several years of litigation, the case settled for a significant sum after a jury was selected. … [Read more...]
Dentist fails to premedicate patient with joint replacement, joint becomes infected and is removed
September 2, 2016 by
… a 61-year-old woman had a total knee replacement. She went to her dentist’s office the following year for a teeth cleaning. According to the American Dental Association, patients with total joint replacements should be premedicated with antibiotics during the first two years. Although the dentist was aware of the knee replacement, he failed to premedicate her with antibiotics. After the cleaning, an infection set into her artificial knee causing its removal. She was without a knee for several months until she could have a second knee replacement. The dentist’s insurance company eventually settled with the woman after several … [Read more...]
Inexperienced surgeon creates hole between heart chambers, patient dies
September 2, 2016 by
… A 60-year-old homemaker had hypertrophic cardiomyopathy (HCM), a thickening of the walls of the heart. This condition is often undiagnosed and is a common cause of sudden heart attack in young people, including young athletes. Surgery was performed to thin the walls of her heart. During this sophisticated surgery, the surgeon, who had insufficient experience, unintentionally created a hole between the heart chambers. Although the hole was promptly repaired, the woman later died after three months of hospitalization. … [Read more...]
29-year-old woman has obvious signs of stroke but not treated with urgency
September 2, 2016 by
… A 29-year-old mother felt ill as she was getting ready for work. She phoned her father. While on the phone, she became unresponsive. An ambulance was called and she was rushed to a local trauma center. Although she was having all the signs of a stroke, there was no sense of urgency. She eventually received the necessary treatment, including a clot-busting drug called tPA, but the opportunity for a good recovery was lost. She now uses a wheelchair and still has significant speech and vision problems. The case was settled after jury selection, with the settlement funds used, in part, to buy a house to be remodeled for handicapped … [Read more...]
