Recovered $127,391.70. The client suffered injuries to his leg and back, including a fracture of the right leg, as a result of an automobile accident that occurred while he was working as a manager for a group of apparel and supply stores.
The injured employee was the manager of a clothing apparel and supply store who was injured in a motor vehicle accident and suffered a broken left leg and injuries to his back.
The injured employee required surgery to repair his broken leg, as well as extensive physical therapy, after being struck violently in this accident.
Additionally, the employee had recently begun experiencing substantial pain in his back as a result of his inability to walk and stand correctly as a result of his broken leg.
The injured employee, in addition to requiring a cane at that time, also required a back brace to alleviate such pains in his back.
At the time of this accident, this employee was traveling to his apparel and supply store which he managed in New Orleans; earlier that morning, this employee had left his home in uptown New Orleans, and drove to Marrero, Louisiana, where he picked up numerous tailored alterations for delivery to the store on Chef Menteur Highway.
This employee would regularly perform pickups and/or drop-offs of alterations at this address almost every day, and the employer was well aware of this fact, as well as the fact that this particular pickup in Marrero.
Nonetheless, the workers compensation insurance company outright denied the employee’s entire claim – including lost wages and medical bills – and instead asserted that the employee was not in the course and scope of his employment because he was simply commuting to work.
The injured employee asserted a strong demand for penalties and attorney’s fees, due to the fact that the workers compensation insurance company’s outright denial due to the course and scope of employment was arbitrary and capricious.
Though a Disputed Claim for Compensation (Form 1008) was filed, and litigation ensued, once the thorough depositions of the employee and the employer were performed, and sworn discovery responses submitted by the employee, the workers compensation insurance company agreed to settlement negotiations.
This injured employee did not receive any compensation from the workers compensation insurance company prior to his full and final settlement of $127,392.