Favorable Decision Secured in Multi-Million Dollar Workers’ Compensation Matter
We received a favorable decision that saved our client millions of dollars. The claimant filed a claim petition alleging he sustained a left shoulder dislocation, stroke, traumatic brain injury, gait dysfunction, central pain syndrome and post-traumatic seizures as a result of a fall at work. After the claimant fell at work and sustained a left shoulder dislocation, he went to the hospital for the dislocation, was treated and discharged. Four days later he sustained a stroke at home. He had multiple surgeries and was hospitalized for four months. He is severely disabled as a result of the stroke and requires full-time care. The claimant initially alleged he sustained a head injury from the fall at work which caused the stroke. He claimed he was bleeding from his nose and mouth and had a laceration to his forehead. We were able to show that did not occur by presenting fact witnesses who established the claimant fell off one step, never hit his head, was not bleeding from his head or face, only dislocated his shoulder, and was discharged home without issue. Claimant’s counsel then alleged the claimant’s stroke was related to a spike in his high blood pressure that placed him in a hypertensive crisis resulting in the stroke. We showed that the claimant had unregulated high blood pressure before the work injury and that he was released from the hospital with high blood pressure, but not enough to be in hypertensive crisis. The judge agreed with our arguments, finding that the claimant only sustained the agreed-upon shoulder dislocation. Therefore, the claimant was awarded one day of wage loss benefits for the shoulder dislocation. The stroke, traumatic brain injury, gait dysfunction, central pain syndrome, and post traumatic seizures were denied and dismissed. As the claimant is only 48 years old and his compensation rate resulted in $30,000 a year wage loss benefit, wage loss for the rest of his life would likely have been around $1 million. The claimant’s medical costs were going to be much higher as he requires round-the-clock care, which over his lifetime would have cost millions. His hospital bills alone were over $1 million, and claimant’s counsel would have argued for home modifications and vehicle modifications. Instead, the claimant will receive a one-day payment of about $88.