Permanent Total Disability Award to Worker after Rejecting Initial Offer

The Pothitakis Law Firm was hired by D.D. who sustained an injury to his neck when he slipped and fell while leaving work. He ultimately underwent neck surgery as a result of the injury and was unfortunately left with chronic pain. As a result of the chronic pain, the Claimant also began suffering from significant anxiety and depression. The Claimant was taking pain medications as well as medications for his mental health condition to try and obtain some relief.

 

Prior to hearing, the Defendants made an offer of settlement that was rejected based upon the recommendation of Pothitakis Law Firm. The Defendants sought to pay a lump sum and close out the Claimant’s entitlement to weekly benefits as well as to close out his medical care. Given the cost of the Claimant’s medications, the Claimant was unwilling to close out the claim for the amount offered. The parties proceeded to hearing and presented extensive evidence concerning the Claimant’s injury and how that injury affected his ability to be able to return to the labor force. Pothitakis Law Firm argued that the Claimant was unemployable and was permanently and totally disabled. The defendants argued that the Claimant had been in a sales position and, therefore, his physical limitations and physical pain did not prevent him from returning to that type of work.

 

After hearing, the Deputy Workers' Compensation Commissioner entered an award fully in favor of the Claimant finding him permanently and totally disabled. The Decision resulted in an award with the present value of in excess of $1 million. In addition, the Defendants were ordered to pay the Claimant’s medical expenses for the remainder of his life.

 

The case is now on appeal and Pothitakis Law Firm hopes to be successful in defending the appeal.   

Awarded: In excess of $1,000,000 plus open medical care