White River Junction, VT
Workers compensation Lawyer at White River Junction, VT
Practice Areas: Workers Compensation
OUTCOME: Published Decision by Vermont Department of Labor in favor of client plus award of reasonable attorney fees and costs
Dental expense for extractions and dentures necessary for removal of infection claimed against workers' compensation insurer, as clearing infection was required by pain management specialist to continu ... e treatment of the work injuries to client's shoulder and arm
OUTCOME: Published decision by Vermont Department of Labor in favor of client affirming reasonableness of Oxycontin prescriptions for pain management
Injured worker with work injury diagnosis of CRPS was prescribed Oxycontin for pain management after alternatives proved ineffective. Insurer, after more than 10 years, attempted to cut off prescripti ... on citing studies of risks of long-term opiate use.
OUTCOME: $800,000 settlement after formal hearing
Injured worker's electrical burn injury decades ago not actively treated but later shown to be cause of liver disease. Insurer denied responsibility for liver disease.
OUTCOME: Published Decision and Order by Vermont Department of Labor in favor of client, with criticism of questionable exam technique seen on video of insurer's medical examiner
Client suffered injuries from fall at work. Insurer attempted to deny responsibility for treatment of injury to neck, based on insurer medical examiner's opinion that pain was allegedly emotional.
OUTCOME: Decision and Order in favor of client
VT workers' compensation Decision and Order finding Complex Regional Pain Syndrome and awarding benefits and lumbar sympathetic injections
OUTCOME: Decision in favor of client
VT workers' compensation Decision and Order finding correct diagnosis of Complex Regional Pain Syndrome and awarding benefits including spinal cord stimulator surgery
OUTCOME: Lump sum settlement
Client struck at work by pressurized door causing back injury as well as detached retina and insurer denied responsibility. Case proceeded to trial. Workers' compensation settlement of $223,000.00 pl ... us $113,000.00 set aside for medical expense plus lien waiver at $239,555.51 allowing separate 3rd party claim settlement of $900,000.00
OUTCOME: Successful assertion of jurisdiction over insurer
"In at least one recent claim, the Commissioner has shied away from exercising the authority granted by § 620 to adjudicate a claimant's right to workers' compensation benefits under another state's la ... w, citing exactly those practical considerations. L.S. v. Dartmouth College, Opinion No. 45-05WC (August 9, 2005). The circumstances of the current claim merit a different analysis, however. The causation dispute at issue here identifies not one but two potentially liable employers, each from a different state. If the claim's adjudication is split between those two jurisdictions, the potential for inconsistent results exists."
OUTCOME: Successful award of wage benefits
Client's original injury was in the nature of a “degloving” injury to his left hand and upper left extremity (“Initial Injury”). Client since developed medical problems with his right upper extremity a ... s a consequence of the Initial Injury. Insurer denied responsibility for wage benefits during recurrent period of disability including surgery. Vermont Department of Labor decision was in favor of client.
OUTCOME: Successful workers' compensation case
"The parties agree that the analysis to be applied to this case centers on the concept of an idiopathic injury. There is general agreement that when an injury results from a condition personal to the c ... laimant and has no connection to work, it does not arise out of employment and, therefore, is not compensable. If an instrumentality or condition of work contributed to the injury, it arises out of employment and is compensable. Between the two extremes is a third category, the unexplained fall, which most courts hold is compensable under the neutral force theory. See 1 Larsons Workers Compensation Law, Chapter 4 Scope; Dupee v. Service Merchandise, Opinion No. 31-99WC (July 28, 1999). In some situations, the employment and personal risks concur, in which case the injury arises out of the employment, since the employment need not be the primary cause, but need only contribute to the injury. Larsons, supra."
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