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Frederick R. suffered horrendous injuries after falling two-stories onto a concrete surface while on the job. He fractured a shoulder, as well as his ribs and lumbar and thoracic spine. He had multiple shoulder surgeries and a very difficult physical recovery. On top of all the surgeries and subsequent post-operative rehabilitations, the most severe diagnosis he suffered was a traumatic brain injury (TBI). He treated with a neuropsychologist to improve his memory and cognitive impairments.
After years of surgeries and rehabs, Frederick had permanent physical restrictions from his shoulder injury. Costa Ivone had him evaluated by an expert in vocational rehabilitation who opined that his permanent physical restrictions would not allow him to hold steady employment. Eventually, his treating neuropsychologist opined that the permanent effects of his TBI also medically prevented him from working for the rest of his life.
As a result of his impairment, our client’s life was changed forever. Not only was he unable to work, but he also lost his independence since he was unable to hold onto his drivers’ license. Several other activities of daily living that most people take for granted were significantly harder for him to do. His brain injury made him more irritable and susceptible to mood swings. He didn’t sleep well.
Despite all of this, the insurance company fought to prevent our client from getting the compensation he was entitled to for being permanently and totally disabled and unable to ever work again. First, they made a low-ball settlement offer of $75,000.00. Then, they hired experts to dispute both his physical restrictions and work capabilities, as well as the permanent cognitive impairment from the TBI. Attorney Jordan Browen got right to work bringing the fight to them.
When an employee like Frederick is medically permanently and totally disabled, it is the most severe outcome in workers’ compensation, short of a workplace fatality. Permanent total disability benefits are paid weekly at two-thirds of the employees average weekly wage for the rest of their life. In addition to securing compensation for future lost earnings, Frederick’s future medical needs had to be considered as well. The insurance company obtained a future medical cost projection, but it only factored in treatment for his physical injuries – nothing related to the TBI!
Attorney Browen countered by retaining our own experts who did an independent medical cost projection that included cognitive behavior therapy and neuropsychic care for the rest of his life. Over the course of several years, Jordan methodically countered each of the insurance company’s experts with more persuasive, more comprehensive expert opinions of our own. The result was a settlement in excess of $500,000.00, which included a lump sum payout of permanent total disability benefits for life, and a lump sum for future medical care. Jordan and Costa Ivone are thankful that Frederick placed his trust in our hands and after a grueling recovery we were proud to deliver a result that secures his future.
