The Claimant was a dock worker in Cleveland. He sustained several rather serious injuries and underwent several surgeries on his low back and his neck during the late 1980’s and early 1990’s. All of the surgeries were due to the work-related injuries and were paid by the Employer/Client. Also, the Claimant developed a Major Depressive Disorder and eventually this too became an allowed condition in the claim.
The Claimant’s attorney filed an application for Permanent and Total Disability benefits. In conjunction with the Permanent and Total Disability application, the Claimant was examined by a physician and a psychologist on behalf of the Bureau of Worker’s Compensation. The combined impairment rating the Claimant received from these evaluations was 95%.
This claim was originally being handled by the department head/partner at a different law firm in Cleveland. The former attorney told the Employer/Client, “The Claimant is permanently and totally disabled. There is nothing we can do. We are going to lose.”
THOMAS & CO. RESULTS
The Employer/Client understood it was a difficult claim, but felt that her attorney needed to have some degree of optimism and decided to pull the file. She called Thomas & Co. and asked me if we would take it over. We agreed.
We scheduled various evaluations and obtained reports from our own physician/psychologist which revealed information that had not been discovered by the former attorney. This information related to the Claimant’s educational background and also suggested that the Claimant was exaggerating his symptoms and/or malingering. The matter went to hearing and, despite the 95% impairment rating given by the state physician/psychologist, we were able to defeat the Permanent and Total Disability application.
Prior to the Permanent and Totally Disability application, the Claimant’s demand for settlement was around $300,000.00. After we defeated the Permanent and Total Disability application, we settled the case for approximately $100,000.00.
The Employer/Client Saved At Least $200,000.00 As A Direct Result of the Permanent and Total Disability Application Being DENIED
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