Chef Hurt at Work Gets More Compensation Working with Tumminelli Law

At the Law Offices of Carolina K. Tumminelli, PLLC, we won’t quit until the final bell.  Every case is different and we can’t anticipate how other parties will respond, but we do try to set reasonable expectations for our clients.  We love when cases go even better than we anticipated they would.  That happened recently with one of our clients.

When this older gentleman came into our office, he was feeling a bit desperate.  He’d been a chef his whole life and had no education or other training to fall back on when he was injured at work. He hurt his back lifting some products while working.  At first, he was receiving workers’ compensation benefits, but the insurer terminated his benefits because their doctor said he was well enough to return to work.  The gentleman disagreed, so he came to see us.

Our first step was to get him back on temporary total benefits while we worked towards a final resolution.  Next, we asked our vocational expert to evaluate him and provide us with her expert opinion as to whether he could return to work.  She determined that he was permanently and wholly disabled and unable to return to the type of work he had done previously.

Based upon the expert’s determination, we filed a claim for permanent and total disability benefits.  WE also issued a demand to the insurer to try and reach a settlement of the case.  The insurance company, however, had his cased valued a a partial disability case, meaning a potential case value of low 5 figures.  However, our vocational workup indicated the case should be valued as a permanent and total disability case, meaning, high 6 figures.

The worker’s compensation insurance company did not see it that way, but agreed to go to mediation to try to resolve it.  As a result of the mediation and our efforts to make a compelling case, the insurer agreed to more than 3x their original offer – 5 years of permanent and total disability benefits for a full settlement.

While not every  case goes this way, we work hard to get all our clients the best settlement possible.  If you would like us working on your behalf, contact us today for a free phone consultation to get started.

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