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Recent Case Results

$1,000,000

Workers Comp settlement

$1,000,000

Disability Settlement

$600,000

Workers Comp Settlement

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recent results

$1,000,000

Workers Comp Settlement

$1,000,000

Disability Settlement

$600,000

Workers Comp Settlement

$450,000

Workers Comp Settlement

$400,000

Workers Comp Settlement

$400,000

Workers Comp Settlement

$200,000

Personal Injury Settlement

$50,000

Workers Comp Settlement

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Case Results

$1 Million

Lifetime Benefits Awarded To Burlington Worker Suffering From Hearing Loss And Tinnitus

A Burlington worker sustained hearing loss and tinnitus as a result of noise exposure at work.  The claimant subsequently experienced depression due to the hearing loss and tinnitus.  The claim was denied by the Iowa employer and the Iowa workers’ comp insurance carrier and they denied that the worker’s condition was related to noise exposure at the workplace.  The case proceeded to hearing.  At hearing, an Iowa Workers’ Compensation Deputy disagreed with the Iowa employer and insurance carriers and awarded the claimant lifetime worker’s compensation benefits.  Unsatisfied with the result, the insurance company appealed to the Iowa Workers’ Compensation Commissioner, the district court and finally, to the Iowa Supreme Court.  In all appeals, Pothitakis Law Firm successfully kept the award of Lifetime Benefits.  Pothitakis Law Firm, in 2010, pursued what is referred to as a  partial commutation for the claimant, requesting the payment of all benefits in one lump sum.  Once again, the case went to hearing and the Deputy awarded benefits to be paid in a lump sum close to $650,000.  The Defendants again appealed and wanted the decision overturned.  Pothitakis Law Firm fought to keep the award for their client and won.  The claimant’s total award of benefits has been approximately $1,000,000 as a result of the hearing loss, tinnitus and depression.

 

The Pothitakis Law Firm, P.C. and Nicholas Pothitakis have represented hundreds of clients over the past decade. Although we believe we provide excellent representation for our clients, the results turn on the individual facts of each case. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. All potential claimants are urged to make their own independent investigation or evaluation of any lawyer being considered.

$1 Million 

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.

$600,000

Amazing Result In Iowa Workers' Compensation Case Awards

Pothitakis Law Firm represents L.R., a gentleman who sustained an injury in 2009 while working for a national building supply chain.  L.R. sustained an injury to his leg.  The Defendant Workers’ Compensation insurance carrier and Defendant Employer argued that the injury was only to the leg and did not extend beyond the leg.L.R.’s doctors indicated that the injury was beyond the leg and included Complex Regional Pain Syndrome.  Complex Regional Pain Syndrome is a condition that results in excruciating pain and discomfort that emanates from the nervous system.  Whether the injury was just to the leg or included Complex Regional Pain Syndrome was extremely important in determining the value of the award.  If the injury was solely to the leg, L.R. would be entitled to benefits based upon the loss of use of the leg or impairment rating associated with the leg.  For example, if L.R. had a 10% impairment to his leg, he would be entitled to 10% of 220 weeks (the legislature’s placed value on the entire leg) or 22 weeks of Workers’ Compensation benefits.  In this example and in L.R.’s case, it would amount to approximately $10,000.  If the injury were beyond the leg and included the body as a whole as a result of the Complex Regional Pain Syndrome, L.R. would be entitled to benefits based upon how the injury affected L.R.’s ability to work.As a result of the injury, L.R. had limitations that affected the length of time he could stand and walk.  Further, he had some limitations in terms of lifting.  Despite these limitations, L.R. was able to maintain his employment based upon accommodations or modifications to his job made by the employer.  At hearing, Pothitakis Law Firm argued that L.R. was 100% disabled and that the only reason he was able to work anywhere was because the employer made some significant changes to a regular job to keep him working.  The Defendants contended that the L.R. had a limited loss as he was still working making a significant salary despite his work-related injury.At hearing, the Deputy Workers’ Compensation Commissioner found in favor of L.R.  The Deputy found that L.R. had sustained an injury beyond his leg and to his body as a whole.  Further, the Deputy found that L.R. had sustained a 100% loss of his ability to earn money despite the fact that he was still working.  This resulted in L.R. being awarded a permanent total disability.   The award entitles L.R. to lifetime weekly benefits.Based upon L.R.’s age of 49 years old, L.R. has a life expectancy of almost 32 years.  The value of the award on a present value basis to L.R. is approximately $600,000.Pothitakis Law Firm anticipates an appeal and will vigorously defend the case as far as necessary so that L.R. can receive his award.  This case illustrates that injuries to extremities are not always minor injuries and not always limited to small amounts of compensation.  It is important to always have claims evaluated by competent Iowa Workers’ Compensation attorneys as there are complexities of the law that result in significant awards to injured workers.

 

The Pothitakis Law Firm, P.C. and Nicholas Pothitakis have represented hundreds of clients over the past decade. Although we believe we provide excellent representation for our clients, the results turn on the individual facts of each case. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. All potential claimants are urged to make their own independent investigation or evaluation of any lawyer being considered.

$450,000

Iowa Worker Entitled To Lifelong Benefits For Chronic Pain

In the fall of 2008, A.R. sustained a hernia injury as a result of a work-related accident. Even after having surgery for this injury, the hernia caused him chronic pain and discomfort. A.R. contacted Pothitakis Law Firm in April of 2010. Prior to contacting us, A.R. had worked with another attorney who scheduled the case for hearing in June of 2010 in Des Moines. Not satisfied with his prior attorney’s work, A.R. hired Pothitakis Law Firm. Mr. Pothitakis immediately began working on the case to prepare it for trial.The insurance company indicated that they were interested in settling the case for approximately $75,000 and would expect A.R. to close his claim in full. After consulting with Pothitakis Law Firm, A.R. agreed that this offer was not sufficient and so they proceeded to hearing. A couple of months after the hearing, a decision was reached which found A.R. to be 100% disabled and entitled to weekly Workers’ Compensation benefits for the rest of his life. Contrary to the settlement offer from the insurance company, the Claimant was awarded weekly benefits forever, and in addition, the insurance company would have to pay for all of his medical bills. The total award was in excess of $450,000.A.R. informed Pothitakis Law Firm of his interest in receiving his benefits in a lump sum as opposed to weekly benefits in the future. In order to accomplish this for the Claimant, Pothitakis Law Firm filed a “Partial Commutation Action” requesting that the Workers’ Compensation Commissioner award all of his benefits in a lump sum and leaving his medical care open. The case was filed by Pothitakis Law Firm. Mr. Pothitakis hired an expert to give an opinion as to why it is in the best interest of the Claimant to receive a lump sum payment in excess of $450,000 as opposed to getting weekly compensation for life. Shortly before the commutation hearing the case was settled.This case is a great example of the importance of fully evaluating a claim prior to settling with the insurance company. The offer from the insurance company may be in their best interest and not in the best interest of the worker who was injured.

 

The Pothitakis Law Firm, P.C. and Nicholas Pothitakis have represented hundreds of clients over the past decade. Although we believe we provide excellent representation for our clients, the results turn on the individual facts of each case. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. All potential claimants are urged to make their own independent investigation or evaluation of any lawyer being considered.

$400,000

Hernia From Work Obtains

In April of 2010, Pothitakis Law Firm was contacted by an individual who has been injured in a work-related accident in the fall of 2008. A.R. had sustained a hernia injury and despite surgery, it continued to cause him chronic pain and discomfort.A.R. had worked with an attorney prior to contacting Pothitakis Law Firm and that attorney had scheduled the case for hearing in Des Moines in June of 2010. A.R. was not happy with his prior attorney’s work and hired Pothitakis Law Firm. Mr. Pothitakis immediately commenced work on the case and prepared it for trial.The insurance company contacted Mr. Pothitakis and indicated that they had an interest in settling the case for somewhere around $75,000. They would expect A.R. to close his claim in full. After consultation with Mr. Pothitakis, A.R. agreed that the offer was no sufficient and that he would proceed to hearing. A few months after hearing, a decision was received. Said decision found A.R. to be 100% disabled and entitled to weekly Workers’ Compensation checks the remainder of his life. Contrary to the settlement offer from the insurance company, the Claimant was entitled to weekly benefits for the rest of his life plus the insurance company would also have to pay for all of his medical care. The present value of the Decision was in excess of $450,000.As Workers’ Compensation Decisions award benefits on a weekly basis into the future, A.R. informed Pothitakis Law Firm that he wanted to receive his benefits in a lump sum. To do so, the Pothitakis Law Firm has filed what is called a “Partial Commutation Action” which requests that the Workers’ Compensation Commissioner award all of his benefits in a lump sum and also leave his medical open. Pothitakis Law Firm has filed the case and has hired an expert to give an opinion why it’s in A.R.’s best interest to receive a lump sum payment in excess of $450,000 as opposed to receiving a weekly benefit. This part of the case is set for hearing during the summer of 2011.This case illustrates the importance of fully evaluating a claim before accepting a settlement from the insurance company. An offer of settlement from an insurance company may be because they find it in their best interest, not the best interest of the injured worker.

 

The Pothitakis Law Firm, P.C. and Nicholas Pothitakis have represented hundreds of clients over the past decade. Although we believe we provide excellent representation for our clients, the results turn on the individual facts of each case. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. All potential claimants are urged to make their own independent investigation or evaluation of any lawyer being considered.

$400,000

Amazing Results For Worker With Lower Back Injury

In September of 2001, injured employee H.L.E. hired Pothitakis Law Firm to assist him with respect to a work injury.  H.L.E. had been employed by a local manufacturing plant and had sustained an injury to his low back.  The employer disputed that the condition was work related and refused to pay benefits on the claim.  After several months of exchanging information including depositions and reports from medical providers, the case was set for hearing.

 

The night before the hearing, the defendant Workers’ Compensation insurance carrier contacted Pothitakis Law Firm and indicated that they had an interest in trying to resolve the case.  The Workers’ Compensation insurance carrier again reiterated that their position that they did not believe that the back injury was related to H.L.E.’s work activities and they suspected that they would win if they went to trial.   They indicated that they would pay somewhere between $25,000 to $30,000 to resolve the claim.  After discussing the matter with H.L.E., Mr. Pothitakis and the client decided that it was not sufficient to resolve the claim, and they proceeded to hearing.  The hearing took place in the summer of 2005, and a decision was issued shortly thereafter.

 

The Deputy Workers’ Compensation Commissioner who decided the case set forth a Decision denying H.L.E. any benefits whatsoever.  Mr. Pothitakis discussed the matter with H.L.E. and informed H.L.E. that he did not believe the Decision was a good decision based on the evidence and that an appeal should be filed immediately.  An Appeal was filed and briefs were submitted to the Workers’ Compensation Commissioner.  The Workers’ Compensation Commissioner agreed with Pothitakis Law Firm that the Deputy Workers’ Compensation Commissioner’s initial Decision was not correct and overturned the same.  The Workers’ Compensation Commissioner awarded H.L.E. benefits for his low back injury and concluded that he had suffered a 25% industrial disability benefit entitling him to 125 weeks of benefits.

 

After receiving this new Decision, the Workers’ Compensation insurance carrier decided that it wanted to appeal the Decision to the Des Moines County District Court, and it filed what is called a “Petition for Judicial Review” to appeal the Decision which awarded H.L.E. benefits.  This Petition was filed in the summer of 2006.

 

In the Spring of 2007, the Iowa District Court in and for Des Moines County entered a Decision agreeing with the Iowa Workers’ Compensation Commissioner’s Decision awarding H.L.E. a 25% industrial disability.  Based upon this Decision, H.L.E. was awarded benefits of approximately $55,000 for this 2001 injury.

 

Over the next few years, H.L.E.’s condition continued to deteriorate resulting in more limitations in his ability to perform work.  Based upon this deterioration, Pothitakis Law Firm filed a review reopening Petition in early 2009.  The review reopening petition was a request for benefits above the 25% loss previously awarded contending that H.L.E.’s condition had changed resulting in a great loss to H.L.E.

 

Again, the Workers’ Compensation carrier disputed that there was any change or any entitlement to additional funds.  They defended the claim and indicated that they were not willing to provide any additional benefits to H.L.E. for his claim.  The case was set for hearing in the summer of 2010.  During the week before the hearing, the Defendants contacted Pothitakis Law Firm and indicated that they had an interest in trying to resolve the claim.  At this time, the Defendants indicated they would pay $20,000 to settle the claim.  H.L.E. and Pothitakis Law Firm determined that this again was insufficient to resolve the claim and proceeded to hearing.

 

In the summer of 2010, a Decision was entered on the review reopening claim finding the Claimant to be permanently and totally disabled.  This was a finding that given the Claimant’s age, education, injury, and restrictions that he was unemployable entitling him to lifetime benefits.  The present value of the permanent total award was in excess of $400,000 in new money, plus medical associated with the claim.  This again was appealed by the Workers’ Compensation insurance carrier to the Workers’ Compensation Commissioner.

 

While on Appeal, the Workers’ Compensation carrier contacted Pothitakis Law Firm to inquire about settlement.  Ultimately, the case was settled for a confidential amount along with provisions for the payment of client’s future medical expenses.

 

Based upon the willingness of H.L.E. to stand his ground and remain confident in the pursuit of his benefits by Pothitakis Law firm, H.L.E. was able to turn down offers in the $20,000 to $25,000 range and receive an award that was worth approximately $400,000.

 

The Pothitakis Law Firm, P.C. and Nicholas Pothitakis have represented hundreds of clients over the past decade. Although we believe we provide excellent representation for our clients, the results turn on the individual facts of each case. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. All potential claimants are urged to make their own independent investigation or evaluation of any lawyer being considered.

$300,000

Amazing Results For Worker With Back Injury

Pothitakis Law Firm received a favorable Decision in a case that had been pending for 10 months.  The complexity and size of the file apparently contributed to the delay in the issuance of the Decision.The Claimant had sustained an injury while working for one of the largest companies in the United States.  He sustained an injury to his low back.  After receiving care from the company authorized physician for approximately a year and a half, the Workers’ Compensation insurance carrier indicated that it was their intention to stop paying benefits as they felt the Claimant’s injury had resolved.   The insurance company took the position that no more care or benefits were owed.As the battle was commencing, the Pothitakis Law Firm decided that additional medical care was needed to identify the injury as well as the permanency associated with the injury.  The Pothitakis Law Firm sent the Claimant to a Functional Capacity Evaluation with a therapist to determine at what levels he could or could not perform work.  Further, the Pothitakis Law Firm sent the Claimant to a board certified orthopaedic surgeon for an Independent Medical Examination.  The Functional Capacity Evaluation was found to be valid and the orthopaedic surgeon found that the Claimant had sustained a permanent injury to his low back resulting in a 13% whole person impairment.  Further, the board certified orthopaedic surgeon set forth permanent lifting restrictions associated with the condition.The insurance carrier and employer sent the Claimant through an independent medical examination, and that physician provided an opinion that the Claimant’s work injury had resolved.  The insurance carrier and employer asked for a mediation, which was held.  The mediation was an attempt to try and resolve the claim.  At the mediation, the employer and insurance carrier offered approximately $20,000 to close out the claim and end the Claimant’s entitlement to any additional benefits.After discussion and consultation with Pothitakis Law Firm the offer of settlement was turned down and the parties proceed to hearing before an Iowa Deputy Workers’ Compensation Commissioner.  The Deputy Workers’ Compensation Commissioner entered a Decision and found that the Claimant was entitled to benefits amounting to just shy of $200,000.  The Deputy Workers’ Compensation Commissioner accepted the opinion of the doctors chose by Pothitakis Law Firm, P.C., over the Defendant’s physicians.As the Defendants are very unhappy with the Decision, they have filed an Appeal to the Iowa Workers’ Compensation Commissioner.  The parties are currently briefing the issue.

 

This case illustrates the importance of fully prosecuting claims through hearing and appeal if necessary to obtain what is fair and just for Claimants.  The Pothitakis Law Firm prides itself on going the distance to make sure that an unreasonable offer of settlement is turned down and the Claimant receives maximum recovery for his injury.

 

The Pothitakis Law Firm, P.C. and Nicholas Pothitakis have represented hundreds of clients over the past decade. Although we believe we provide excellent representation for our clients, the results turn on the individual facts of each case. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. All potential claimants are urged to make their own independent investigation or evaluation of any lawyer being considered.

$200,000

Lower Back Injury Claim

Pothitakis Law Firm received a favorable Decision in a case that had been pending for 10 months.  The complexity and size of the file apparently contributed to the delay in the issuance of the Decision.The Claimant had sustained an injury while working for one of the largest companies in the United States.  He sustained an injury to his low back.  After receiving care from the company authorized physician for approximately a year and a half, the Workers’ Compensation insurance carrier indicated that it was their intention to stop paying benefits as they felt the Claimant’s injury had resolved.   The insurance company took the position that no more care or benefits were owed.As the battle was commencing, the Pothitakis Law Firm decided that additional medical care was needed to identify the injury as well as the permanency associated with the injury.  The Pothitakis Law Firm sent the Claimant to a Functional Capacity Evaluation with a therapist to determine at what levels he could or could not perform work.  Further, the Pothitakis Law Firm sent the Claimant to a board certified orthopaedic surgeon for an Independent Medical Examination.  The Functional Capacity Evaluation was found to be valid and the orthopaedic surgeon found that the Claimant had sustained a permanent injury to his low back resulting in a 13% whole person impairment.  Further, the board certified orthopaedic surgeon set forth permanent lifting restrictions associated with the condition.The insurance carrier and employer sent the Claimant through an independent medical examination, and that physician provided an opinion that the Claimant’s work injury had resolved.  The insurance carrier and employer asked for a mediation, which was held.  The mediation was an attempt to try and resolve the claim.  At the mediation, the employer and insurance carrier offered approximately $20,000 to close out the claim and end the Claimant’s entitlement to any additional benefits.After discussion and consultation with Pothitakis Law Firm the offer of settlement was turned down and the parties proceed to hearing before an Iowa Deputy Workers’ Compensation Commissioner.  The Deputy Workers’ Compensation Commissioner entered a Decision and found that the Claimant was entitled to benefits amounting to just shy of $200,000.  The Deputy Workers’ Compensation Commissioner accepted the opinion of the doctors chose by Pothitakis Law Firm, P.C., over the Defendant’s physicians.As the Defendants are very unhappy with the Decision, they have filed an Appeal to the Iowa Workers’ Compensation Commissioner.  The parties are currently briefing the issue.

 

This case illustrates the importance of fully prosecuting claims through hearing and appeal if necessary to obtain what is fair and just for Claimants.  The Pothitakis Law Firm prides itself on going the distance to make sure that an unreasonable offer of settlement is turned down and the Claimant receives maximum recovery for his injury.

 

The Pothitakis Law Firm, P.C. and Nicholas Pothitakis have represented hundreds of clients over the past decade. Although we believe we provide excellent representation for our clients, the results turn on the individual facts of each case. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. All potential claimants are urged to make their own independent investigation or evaluation of any lawyer being considered.