A 46-year-old mechanic allegedly reinjured a shoulder he had previously and chronically dislocated after injuries unrelated to his current job. After the unwitnessed accident (with a bizarre and illogical history), he was taken by ambulance from his work location to a nearby hospital. When he arrived, he reported that his shoulder had relocated by itself. He went home, and he returned to work the next day. He continued working until he was ready to have surgery that his doctor had recommended prior to the seemingly fabricated work accident. We were unable to disprove that the claimant was injured at work, so the case was established and payments were made for his medical expenses and lost time from work. When he reached maximum medical improvement, he sought an award for permanent impairment. He further sought to ignore his prior injuries and moneys he received for them.
Asserted Value (Dollar amounts have been rounded to avoid case identification.)
The claimant alleged he was entitled to an award of approximately $60,000.00.
- We rejected the proposed compromise between the attending and examining physicians’ opinions regarding permanency.
- We took the deposition testimony of both physicians and showed that the claimant’s attending physician failed to consider the prior injuries and permanent impairment caused by them.
- Then, we filed a Written Summation of the testimony and asked the Board to award no more than $15,000.00.
- Ultimately, we received a Decision awarding less than $15,000.00.
We resolved the case for less than $15,000.00 in 10 months, saving the client more than $45,000.00.
NOTE: This post is a general overview of a WC claim The Law Studio of Nance L. Schick defended. It is not legal advice, and there is certainly no guarantee that any of the actions detailed above will generate a similar or specific result. Past success is never a guarantee of a future outcome. If you require information or advice applied to your unique situation, please make an appointment to discuss it with an attorney. Don’t rely solely on what you read on the Internet.
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Nance L. Schick, Esq. is a New York City attorney and mediator who focuses on keeping people out of court and building their conflict resolution skills, especially in business and employment disputes. Her holistic, integrative approach to conflict resolution draws from her experience as a crime victim, human resources supervisor, minor league sports agent, litigant, and trial attorney. She is a 2001 graduate of the State University of New York Buffalo Law School trained in Alternative Dispute Resolution (ADR) by the Equal Employment Opportunity Commission (EEOC). She is also creator of the Third Ear Conflict Resolution process and an award-winning entrepreneur, who has been acknowledged by Enterprising Women Magazine (Honorable Mention, 2014 Woman of the Year awards), and Urban Rebound NY/Count Me In (Finalist, 2013 Pitch Competition).