Tragic Warehouse Operations Recovery

Recovered $150,000.00. The client suffered definite C6 radiculopathy and C5-C6 herniated disc while assisting in warehouse operations.

The injured employee was a sales associate working in a retail clothing store when she suffered a debilitating fall from a ladder, injuring her left foot and ankle, and her back and hip.

The employee underwent three surgeries:

1. A lumbar medial branch block;
2. An L4-5 lumbar fusion surgery; and
3. An L3-5 radiofrequency ablation/denervation.

The employee was expected to require at least one additional surgery (potential L5-S1 discectomy/fusion surgery) in the future.

Additionally, the injured employee would require future medical treatment for her injuries relating to her workplace accident, including injections, possible surgeries, physical therapy, and continuing prescription medications.

Also, the injured employee suffered from a great deal of pain, which required pain management, and the injured employee would require extensive prescription medications.

The injuries of the employee, as well the past and future medical treatments and pain management, made it unlikely that the injured employee would return to employment any time in the foreseeable future.

A revised Medicare Set-Aside (MSA) was prepared identifying future medical expenses, which allowed the settlement to avoid the requirement of approval by CMS (The Centers for Medicare & Medicaid Services), and identified:

• Lumbago
• Chronic pain syndrome (s/p L4-5 lumbar fusion)
• Ankle sprain, left (resolved)
• Lumbar radiculitis
• Left hip labrum tear
• Left hip pain

A claim for psychological treatment treated was submitted.

Before hiring New Orleans Legal, the injured employee had retained another prior workers compensation attorney who advised the injured employee that her case was too weak and too difficult and that there was nothing that he could do for her.

Even though a physician deposition and an OWC court appearance were necessary, and an MSA needed to be prepared, the employee was able to complete the full and final settlement of her claim within nine months of hiring New Orleans Legal.

The injured employee received a total of $325,966 in compensation from the workers compensation insurance company, including a full and final settlement of $150,000.