We had satisfactorily resolved a lump sum amount for our client in his workers compensation claim for $18,700.00 for 13% whole person impairment (WPI) and a lump sum of $9,000.00 for pain and suffering. The matter had concluded in mid 2010.
In late 2011, we had spoken to our client to see whether or not his injury (neck and back) had deteriorated. There was no indication of deterioration however, our client was on relatively high dosage of pain killers with obvious side effects, including drowsiness and dizziness from time to time.
Due to the use of medication, our client had suffered a further injury which involved a fracture to his ankle when he collapsed due to dizziness caused by medication. This fall occurred at home.
From that, we obtained an assessment from an Orthopaedic Surgeon in relation to the impairment to the ankle. It was determined that he had 3% WPI of the injured ankle. A further claim for lump sums was made for this consequential injury, for the additional 3%WPI. With that our client received an additional amount of $4,950.00 for the further 3% impairment along with another $4,050 for pain and suffering.
We were then allowed to common law proceedings as his overall impairment had reached the necessary threshold of 15% whole person impairment.
The matter proceeded through the normal processes which led to mediation. At mediation, the insurer’s legal representative threatened to challenge the ankle injury as being unrelated to work and the insurer offered less than $200,000. The claim did not settle at mediation.
An informal settlement conference was convened and on that occasion we did resolve the claim for a total amount of $360,000.00.
With knowledge and experience in the workers compensation system, we were not only able to obtain a further $9,000.00 in lump sums we also placed ourselves in a position to pursue a work injury damages claim. By being in that position we achieved a compensation payout for damages of $360,000.00 for our client.
Without the initial insight and experience, this outcome would not have been achieved. Total in tax free compensation achieved for our client was $396,700.