Case News | May 26, 2021

Partner Alexis Berg-Townsend Obtains $225,000 Workers’ Compensation Settlement for Plant Operations Worker

Our client, a then 50-year-old plant operations worker, injured his right shoulder while setting up for an event in 2018.

Given the traumatic injury to his shoulder, our client underwent surgery on his right shoulder to repair a torn rotator cuff in September 2018.

Unfortunately, our client continued to have ongoing pain, specifically nerve pain, into the right arm and hand. Through additional workup, our client’s medical doctors determined that our client also sustained an injury to his neck and the recommendation of surgery was given. The injured worker underwent C4-C6 fusion in October 2019 and the comp carrier denied the cervical injury as being work-related. This included denial of all medical treatment related to the neck including injections, medications, and surgery. Based upon our knowledge of the mechanism of injury and the medical evidence post-injury, our firm was confident that the cervical injury was work-related and filed a Petition to Review the work injury description to the Bureau of Workers’ Compensation. The Petition to Review sought to amend/enlarge the work injury description to include the cervical injury. The case was assigned to a Workers’ Compensation Judge.

The parties agreed to participate in mediation and after time spent with the mediator, the parties were not able to reach an amicable resolution given the contest by the Workers’ Compensation Insurance Carrier of the work-relatedness of the cervical injury and the longevity of potential exposure for payment of ongoing medical expenses related to the neck. The parties continued to litigate the case, which included the deposition testimony of Claimant’s medical expert.

Following the testimony of Claimant’s expert, the Workers’ Compensation Insurance Company, by and through its attorney, finally agreed to the Client’s bottom line demand of $225,000, which had been offered at mediation.

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