Joe Miller Obtains Six Figure Settlement for Virginia Trucker Injured by Improperly Loaded Cargo inside Trailer
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OUTCOME: Six Figure Settlement
Suffolk, VA, September, 2014. Joe Miller Obtained a six-figure settlement at mediation for a 79-year-old truck driver who was injured while picking up his loaded trailer from a North Carolina factory.... After hooking his cab to the trailer, upon attempting to check on the trailer contents, one of the rear doors flung open, knocking the client several feet into the air and causing him to suffer a severe fracture to his arm. We filed suit against the factory company, and claimed that the product inside the trailer, which was packed into large bags which each weighed over 900 pounds, was wedged against the rear doors of the trailer, causing them to suddenly and unexpectedly fling open. This was because the large bags or totes were negligently stacked and loaded in an unsafe manner, in violation of OSHA regulations.
Workers compensation
Joe Miller Obtains Six-Figure Settlement for Construction Worker
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OUTCOME: Six-Figure Settlement
October, 2014, Raleigh, NC. Joe Miller negotiated a substantial, six-figure settlement for a 49-year old construction worker who required a lumbar fusion surgery. In addition to the settlement, over ...the course two years of representing the client, much of the medical care was disputed, denied, or improperly delayed by the workers compensation insurance company. This required Mr. Miller and his team to prepare, file, and be heard at several hearings before the Industrial Commission. All the hearings were won by Mr. Miller and the client was able to maintain the medical care he needed during the pendency of his case.
Workers compensation
Joe Miller Wins VA Workers Comp Hearing for Man Who had Neck Surgery
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OUTCOME: The Deputy Commissioner Awarded the claimant his back pay for almost a year as well as payment for ongoing medical treatment.
October, 2014, Virginia Beach, VA. Joe Miller won another hearing before a deputy Commissioner of the Virginia Workers Compensation Commission for a 47-year old property maintenance worker who was inj...ured when he fell back on a cart and injured his neck. The defendants denied the claim due to the fact that the claimant did not initially report or treat the injury as a work injury. The claimant’s initial reports to the ER did not mention a work injury. The claimant just knew that he had neck and arm pain which was getting worse and worse. The claimant eventually saw an Orthopedic Surgeon, approximately two months after the incident. After ordering and reviewing a neck MRI, the Orthopedic Surgeon concluded that the claimant had suffered a severe traumatic injury to his neck that needed surgery. When questioned about how the claimant could have injured his neck, the claimant recalled how he had fallen on the cart at work two months prior. A deposition of the Orthopedic Surgeon was taken to obtain the proper opinions to prove the claim and after reading the deposition and hearing the testimony of the claimant and other witnesses, the Deputy Commissioner Awarded the claimant his back pay for almost a year as well as payment for ongoing medical treatment.
Workers compensation
Joe Miller’s Client Gains Second Chance to Build New Life and Career With Settlement Funds After Industrial Accident
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OUTCOME: We negotiated a full and final settlement
May 2012 – Norfolk, VA – We negotiated a full and final settlement on behalf of a Spanish-speaking construction worker whose right leg was run over by a front end loader. His leg and ankle were crushed... as the wheel rolled over them. After multiple surgeries, intense pain, and over a year of treatment, doctors believe his leg and ankle are as recovered as they will ever be. He will likely always have to wear an ankle brace, but the settlement money we obtained for him will allow him to re-establish himself and begin a new career.
Workers compensation
Joe Miller Wins Case in Virginia Court of Appeals
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OUTCOME:
We are pleased to report a recent victory for our client in DEPARTMENT OF SOCIAL SERVICES/COMMONWEALTH OF VIRGINIA v. JOHNICAL M. OWENS, Record No. 0377-13-11, COURT OF APPEALS OF VIRGINIA, AUGUST 6, 2...013.
Ms. Owens was in two separate car accidents, both while she was on the job for the Commonwealth of Virginia. We represented her for the first accident. On the second accident, Ms. Owens represented herself, and reached a small settlement with the car insurance company on her own. Unfortunately, she did not make anyone, including her workers compensation insurance company— or us— aware that she has reached that settlement or been in a second car accident.
As we moved forward with her case in the first accident, it came to our attention that she had been in this second accident. When deposing her main treating physician to obtain evidence for use at trial, it became clear that the doctor would only testify that Ms. Owens’ injuries before the second accident were related to the first accident. The doctor was of the opinion that any treatment after the second accident was not related to the first accident at all.
Despite this evidence, and despite making that evidence available to the workers compensation carrier, the comp carrier was adamant that they wanted reimbursement on the entirety of the money they had paid, on both accidents, from the first accident. We refused to pay that money to them.
We figured up what the comp carrier was entitled to under the law and held that amount back in escrow from the settlement.
Afterwards, the comp carrier, through the Attorney General’s office, filed an action against Ms. Owens in the Workers Compensation Commission, alleging she had settled the second accident without consulting or giving notice to the comp carrier, and accordingly, the carrier should be entitled to a credit for all monies paid that were related to the second accident. Since we did not represent Ms. Owens on the second accident, we did not become involved. The carrier won their credit. The credit merely means that if Ms. Owens is ever injured again at work, that money must be paid back to the comp carrier out of any settlement or other money Ms. Owens may be entitled to.
Once we received word that that carrier obtained their money on the second accident, we went ahead and released the funds to cover their workers comp lien on the first accident.
Did this satisfy the comp carrier? Of course not. The Virginia Attorney General’s office then filed another action against Ms. Owens for the first accident, claiming the Commonwealth should be reimbursed and receive more credit, not only for treatment for the first accident, but for additional treatment after the second accident as well, even though they had already had an opportunity to recover those funds.
This time we did get involved, and we successfully convinced the Deputy Commissioner, the Full Commission and the Virginia Court of Appeals that this attempt by the comp carrier to claim two chunks of credit was patently unfair to Ms. Owens. The comp carrier already knew that the treating doctor wouldn’t say that treatment after the second accident was related to the first. We had let the comp carrier know that. Despite this, the comp carrier had tried to ‘take another bite at the apple’ and get more money for treatment that the doctor had clearly said was not related.
The Commission didn’t buy it and said the employer and the carrier were not entitled to do that. The Commission ruled that we had already paid the comp carrier exactly what they were due and they were not entitled to a penny more. They denied any further credit to the employer or comp carrier, which, in this case, was the Commonwealth of Virginia.
Car accident
Joe Miller Attains Hard-Won Victory for Car Accident Victim
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OUTCOME:
Norfolk, VA, August, 2013. We won a substantial victory for a retiree client who was rear-ended by a truck. The truck was towing a fishing boat down Independence Blvd in Virginia Beach and failed to st...op in time, striking our client’s van with tremendous force, and injuring our client and his wife. The impact knocked the victim’s van into the car in front of them, which then caused a multi-car pile-up. Because the driver of the truck worked in Norfolk, we were able to file the lawsuit there.
From the beginning, the liability carrier denied the claim entirely. This was because the police officer who wrote the report wrote down that our client had struck the vehicle in front of him first. In addition, the truck driver insisted that our client had struck the vehicle in front of him first.
Our client and his wife, who was riding as passenger, vehemently denied that they had hit anything first, and stated they had come to a complete stop prior to being knocked into the car in front of them.
Prior to trial, the offer from the insurance company for the truck driver was $0.00.
Utilizing deposition transcripts and cross examination at trial we were able to discredit the truck driver and show that the most likely cause of the pile-up was the negligence of the truck driver, who, pulling a large fishing boat, was simply traveling too fast and could not stop in time before striking our client’s van. He finally admitted under questioning at trial that he didn’t even see our client’s van until he hit them.
The Norfolk jury came back with a fair and substantial verdict in favor of our client.
Workers compensation
Joe Miller Secures Six- Figure Settlement for North Carolina Truck Driver
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OUTCOME: Secured Six- Figure Settlement
2011, Fairfield, NC—We negotiated and settled at mediation a workers comp case for six figures for a forty-five-year-old truck driver who had been run over by a truck. After years of treatment and nume...rous surgeries, the client returned to work, only to discover that his low back caused him too much pain to continue in his job as a truck driver. The insurance company for the employer then decided to take the position that the low back problems were not related to the original injury, even though the worker had suffered, among other injuries, sacral fractures in his spine at the time of the accident. Despite these problems, we were able to secure a significant settlement for our client at mediation.
Workers compensation
Joe Miller Obtains Substantial Settlement for Young Single Father Who Became an Amputee
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OUTCOME: We obtained a substantial indemnity-only settlement for our client and a lifetime MedicalAward for his related medical expenses
July, 2012 – Virginia Beach, VA – We obtained a substantial indemnity-only settlement for our client, a machinist, who lost his leg due to the work accident. A heavy-duty cable broke free of a very lar...ge engine frame, severely crushing our client’s foot and lower leg. Attempts to save the foot with surgery were unsuccessful, so he underwent a below-the-knee amputation. We obtained a substantial indemnity settlement for our client, which will help him provide an education for his daughter. Our client retains a lifetime MedicalAward for his related medical expenses for maintenance and replacement of his prosthesis and other related medical costs. We are happy to report that he has found another job and he is doing quite well.
Workers compensation
Joe Miller obtains substantial settlement for Maintenance Man Injured at work in NC
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OUTCOME: We obtained a substantial, six-figure settlement
Chesapeake, Va., October, 2013. We recently obtained a substantial, six-figure settlement for a 65-year old maintenance man who worked in North Carolina. He was injured when he fell through a roof whil...e making repairs. His doctors opined that his injuries would make it impossible for him to return to his previous occupation. Although the negotiations took several months, we were able to resolve the matter over the phone. The settlement was approved by the North Carolina Industrial Commission in October, 2013.
Workers compensation
Joe Miller Obtains Six-Figure Settlement for Forklift Technician Who suffered Back Injury at Work
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OUTCOME: We obtained a six-figure settlement
Virginia Beach, Va., November, 2013. We recently obtained a six-figure settlement for a 57-year-old forklift technician who suffered a back injury while lifting a tire at work. Although surgery was rec...ommended for the back, the client preferred to avoid surgery and treat conservatively with injections and pain medication. His doctor opined that he would be unable to return to his previous occupation due to his injuries. The Virginia Workers Compensation Commission approved the settlement in October of 2013.
