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Workers' Compensation

Case Conclusion Date: 09.07.2009

Practice Area: Workers compensation

Outcome: Settlement

Description: No one wants to get hurt on the job, however this is precisely what happened to one of my clients. He was on a sales call, showing products to a customer, when he fell approximately 10 feet to the ground, fracturing his wrist. Initially, the only complaints my client had were severe pain to the right (dominant) hand and wrist and some mild pain in the right shoulder. The wrist was fitted with a cast and the fracture healed rather quickly, however my client was experiencing increasing pain in the right shoulder and an MRI revealed a massive tear of the rotator cuff. Surgical correction was performed and my client was instructed to perform very limited work and to use his left hand (nearly) exclusively. Despite following the doctor’s guidelines and performing his regular sales job within the limitations given, he started to experience severe pain in his left shoulder. Another MRI disclosed a large tear in the rotator cuff of the left shoulder, which the treating doctor opined was caused by the left handed work. Surgery was performed again and future surgeries may be necessary. Ultimately, this case was settled using a structured settlement, which guaranteed my client nearly $210,000 of tax-free money, a good portion of which was paid in a lump sum up front.

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