In early 2017 the claimant DC slipped and fell while working for a local company. The injury resulted in trauma to his left shoulder. He was seen by a local orthopedic surgeon who performed surgery on his left shoulder. Despite the surgery, he continued to have difficulty with his left arm and shoulder. At that time Pothitakis Law Firm helped D.C. to obtain additional medical care for him, including a referral to a spine surgeon. The spine surgeon ultimately determined that his neck was not significantly injured, but the primary problem was from his shoulder. Because of continued problems, DC was sent to an additional doctor for an evaluation. Unfortunately, they determined that his left shoulder condition was permanent. With the assistance of the Pothitakis Law Firm, a functional capacity evaluation was undertaken. A functional capacity evaluation is where testing is done to determine the level of activity that a person can do safely. After the functional capacity evaluation permanent restrictions were assigned, limiting DC to lifting of around six pounds.
DC was middle aged and did not have a high school education. He had worked maintenance and construction for most of his adult life. Because of his injury, chronic pain, and restrictions he was unable to return to his prior types of employment.
Pothitakis Law Firm immediately placed his claim on file and scheduled the matter for hearing. Short of hearing, the insurance company contacted Pothitakis Law Firm to discuss settlement. The parties met and were able to resolve the claim in a manner that was extremely beneficial to DC. Although the amount was confidential, DC was provided the equivalency of several years of salary that would allow him the time to re-train without having to worry about his finances.
Functional Capacity Evaluations are sometimes very helpful to establish the limitations an injured work will face in the future. Doctors sometimes want them so that they can set forth restrictions consistent with an injured person’s capabilities.
This case illustrates the steps that are taken by Pothitakis Law Firm to maximize recoveries for injured workers.