Workers' Comp. - Back Injury
N/AOUTCOME: $185,000.00 Lump Sum Settlement
The Employee, a pest exterminator, suffered a low back injury while carrying heavy equipment and crawling through small areas at a job site. He was subsequently diagnosed with a disc herniation in hi ... s low back. As a result of this injury, the Employee was forced out of work and the workers’ compensation insurance company began paying him weekly, temporary total disability benefits. The Employee underwent surgery and returned to work several months later. Unfortunately, he suffered a recurrent disc herniation at the same level several months later when again using heavy equipment at work. As a result, the Employee was forced out of work and the insurance company resumed his weekly temporary total disability benefits. However, after several months, the workers’ compensation insurance company filed a claim at the Department of Industrial Accidents to discontinue and/or modify the Employee’s weekly benefits. At Conference, Attorney Caccavale successfully argued against a modification and/or discontinuance of the Employee’s weekly benefits and the Administrative Judge denied the insurance company’s claim. Subsequently, Attorney Caccavale negotiated a Lump Sum Settlement with the insurance company in the amount of $185,000.00, which exceeded the Employee’s remaining temporary total and partial disability weekly benefits.
