Permanently Closed a Matter Involving a Serious Shoulder Injury With a Section 20 Resolution
We were able to permanently close a matter involving a serious shoulder injury with a Section 20 resolution. In this case, the petitioner sustained significant injuries to her shoulder with an MRI showing tearing. The petitioner ultimately underwent two shoulder surgeries, and our own permanency expert found permanent disability of 7.5% partial total. Based upon wage statements we obtained, he asserted that any permanency award should be paid at a reduced rate—making the monetary award about $40,000 less than what would be paid at the full chart rate. When the judge attempted to have the parties settle for a higher percentage of disability—to make up for the lower rate—we indicated our intent to take the matter to trial. In order to avoid a trial, the judge indicated he would approve a Section 20 settlement. Thus, in an admitted claim involving serious injuries, two surgeries and our own doctor conceding permanency, we were able to close the matter out permanently with a Section 20 resolution.