Lancaster & Eure prevails on permanent total disability trial for injured hospital worker entitling the injured worker to over $580,000.00 in benefits.
In Florida, Permanent Total Disability benefits are available to injured workers who, due to limitations from their work accident, are incapable of working in even a sedentary job within a 50 mile radius of their home.
In February 2015, attorney Eric Christiansen of Lancaster & Eure assisted a hospital employee in Punta Gorda in winning her workers' compensation claim for permanent total disability benefits.
The employee suffered a severe knee injury when she was kicked violently by a psychiatric patient. Even though her injury led to two surgeries, a recommendation for a total knee replacement, and significant permanent restrictions, the employee returned to work for the employer, though ultimately she had to switch to a less demanding job because of the injury-related restrictions.
Despite the employee’s strong efforts to return to work with the hospital, where she had worked for 8 years, the hospital ultimately told the employee that her restrictions could no longer be accommodated and let her go. The hospital’s workers' compensation insurance company then failed to provide any reemployment assistance to the employee, even though she had no transferable skills and had been working her entire adult life in the position in which she was injured.
Instead of reaching out to help, the workers' compensation insurance company claimed that the employee’s disability was not related to her knee, but instead to some unrelated medical conditions that had never stopped the employee from working for the hospital during her 8 years there. Attorney Christiansen took the depositions of several physicians and retained medical and vocational experts to testify on the employee’s behalf.
The case went to trial in February 2015. After weighing the merits of the case, the Judge of Compensation Claims found for the employee and ordered the workers' compensation insurance company to pay permanent total disability benefits to the employee. The Judge’s ruling entitles the employee to 66 2/3% of her average weekly wage until she is 75 years old, meaning this ruling awarded over $580,000.00 in benefits to the employee.
Workers' compensation insurance companies often deny benefits that should be paid, as was done in this case. Don’t accept the denial of your workers' compensation case without standing up for your rights. If your workers' compensation benefits are not being provided properly, contact Lancaster & Eure today.