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Work Comp Claims

Successful Work Comp Claim

I want to share a case histroy with you about a successful Workers Compensation Claim.

I recently settled a work comp case for $125,000.00! How did that happen? I respresnt a 51 year old union construction worker who drove a bobcat for 30 years. He injured his neck doing heavy lifting at work. He was diagnised with a herniated disc in the neck with nerve entrapment. To relieve pressure on the neck, he underwent a neck fusion. He was a few years short of receiving his full pension benefits, so he needed to continue working. But, because of the severe neck injury he could not do the heavy lifting he performed for more than a generation.

The employer, a big construction firm, could not find any light duty work for him so he engaged in extensive job searches. But the job search for light work did not work: He lacked the necessary education, a degree from a tech school. When the insurance company resisted paying for retraining, he took the bull by the horns and put himself in tech school. He had not been in school for 30 years! Suddenly Mr. O found himself in school with kids half his age. Mr. O previous did a better job of aptitude tests and performed real well. His actual school performance was also fantastic getting straight A’s.

The case was at a crossroad because the rehabilitation consultant consultant on his case recommended a comprehensive retraining plan at a local vocational technical school. The plan was for Mr. O to get a 3 year degree in construction management to do the same type of work that he had been doing but more management and less lifting. This schooling is expensive. The retraining plan cost was over $150,000.00.

The Work Comp insurer would not voluntarily pay for retraining because of the extensive cost involved. If we succeeded at a hearing they would have to pay both for the degree program and pay him for workers comp lost wages. The insurer and their attorney agreed to mediate the case. Before the mediation I met with Mr. O and we agreed on an acceptable setllement firgure of $125,000.00. At mediation the insurer finally agreed to pay $125,000.00 after a lot of back and forth negotiation.

Whats your case about? Why not let me deal with the insurance company for you. Call me now at 612-252-3303.

James N. Schloner, Attorney At Law