Our Settlement Results in Louisiana Workers Compensation

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The following are actual examples of workers compensation settlements recently achieved by New Orleans Legal:

Workers Compensation Settlement: Hip, Foot, Leg, Back and Mental Injuries: $432,367 in Total Compensation, Including a Full and Final Settlement of $311,945.

The injured employee was a roof installer who was injured during a catastrophic ladder fall, and suffered extensive injuries to his foot, leg and back.  

The injured employee underwent multiple surgeries, and the employee's treating physicians recommended future medical treatment including possible surgeries for the injuries to employee's foot included:

    1. A subtalar fusion with iliac crest bone graft;
    2. A distraction arthrodesis to improve his talar declination angle; and 
    3. A lateral wall ostectomy to decompress the peroneal tendons.

In addition to his feet, the employee also injured his hip/lower back in his work accident, and an MRI revealed facet arthropathy at multiple levels as well as an L5-S1 disc herniation.

Recommended treatments for this chronic lower back pain with left leg radicular symptoms included: 

    1. A left S1 transforminal epidural steroid injection;
    2. Physical therapy for the employee's lower back; and
    3. A low back brace for comfort, support, and pain management while up and around as well as to help improve function with less pain and provide adequate lumbar stability and proper postural support.

The injured employee was also evaluated by a psychiatrist concerning mental health issues arising out of his workplace accident, and the psychiatrist diagnosed the employee with an adjustment disorder with mildly depressed mood, and requested medication management treatment for the employee's depression and anxiety.

Unfortunately, the workers compensation insurance company was also underpaying the lost wage rate of this employee, so New Orleans Legal performed a proper analysis of this complicated wage rate issue and took the insurance company to court, and the workers compensation Judge ruled that the wage rate should be increased.

Specifically, the workers compensation insurance company failed to account for the employee's wages for the final full week before his accident, and failed to account for the employee's earnings from the successive employment he was simultaneously engaged in outside of his employment with the employer. 

Concerning the employee's wages for the final full week before his accident, the employee was working on a “piecework” basis at the time of his accident and the full week before the employee's accident.

Concerning the employee's earnings from the successive employment, the employee was entitled to the maximum weekly indemnity benefits, due to the successive income he produced “moonlighting” as an independent repairman (which was proven through affidavits signed by the employee's repairman customers, obtained by New Orleans Legal). 

Following extensive medical depositions and wage-rate litigation, the injured employee received a total of $432,367 in compensation from the workers compensation insurance company, including a full and final settlement of $311,945.

Workers Compensation Settlement: Back, Hip, Foot and Ankle Injuries: $325,966 in Total Compensation, Including a Full and Final Settlement of $150,000.

The injured employee was a sales associate working in a retail clothing store when she suffering 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 a OWC court appearance were necessary, and a MSA needed to be prepared, the employee was able to complete the full and final settlement of her claim within 9 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.

Workers Compensation Settlement: Knee and Back Injuries: $323,192 in Total Compensation, Including a Full and Final Settlement of $123,296.

The injured employee was a grip/roadie who suffered injuries to his knee and back while working on a movie set while carrying heavy equipment up the stairs of a school being used as a movie set.  

The injured employee asserted a strong demand for penalties and attorney's fees, due to the fact that the workers compensation insurance company's failure to issue payment for many months following Hurricane Katrina.

The injured employee treated with an orthopedic surgeon and a pain management specialist.

Even though the injured employee had not reached Maximum Medical Improvement and continued to require medical treatment, the employee chose to seek and eventually accept a lump sum settlement, because the employee did not want to undergo the back surgery which had been prescribed for him.

Nonetheless, the medical records in this matter all supported the basis that this employee's injury was permanent and that the injury renders this employee incapable of returning to his previous employment as a surveyor.

Vocational rehabilitation was begun, and a Functional Capacity Evaluation performed, but fortunately the claim settled before vocational rehabilitation was completed.

The injured employee received a total of $323,192 in compensation from the workers compensation insurance company, including a full and final settlement of $123,396.

Workers Compensation Settlement: Neck and Back Injuries, Including a Radiculopathy and a Herniated Disc: Full and Final Settlement of $150,000.

The injured employee was employed with a drug company as Vice President of Sales when he was injured while working in warehouse in St. Rose, Louisiana, in the months following Hurricane Katrina.

The injured employee hurt his neck while catching a box of respiratory vials dropped to him by a co-worker. 

The employee proceeded to seek medical treatment for this injuries, and after an MRI was performed and X-rays taken, the employee was diagnosed with a Definite C6 radiculopathy with moderate to large C5-6 herniated disc.

The employee's treating physician, a neurosurgeon, recommended an anterior diskectomy fusion of C5-6, but required that the employee needed to first reduce his blood pressure before surgery. 

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 at the time of the accident, because he was a Vice President of Sales, not a warehouse worker.

However, New Orleans Legal asserted successfully that Louisiana law holds that a worker's testimony alone may be sufficient to discharge his burden of proof, provided two elements are satisfied: (1) no other evidence discredits or casts serious doubt upon the worker's version of the incident; and (2) the worker's testimony is corroborated by the circumstances following the alleged incident, and corroboration of the worker's testimony may be provided by the testimony of fellow workers, spouses or friends. 

The injured employee also 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 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, the employee's co-workers, and the neurosurgeon 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 $150,000.

Workers Compensation Settlement: Back Injuries, Including Bulging Discs and an Annular Tear: $304,509 in Total Compensation, Including a Full and Final Settlement of $100,000.

The injured employee was a land surveyor who was injured while involved in a motor vehicle collision with another vehicle. The injured employee resided in Florida but was on work assignment in Louisiana.

The injured employee suffered a L5 lumbar radiculopathy as well as a disc protrusion at the L3, L4, L5, and SI levels.  

The complete diagnoses for this employee included:

    • S1 Radiculopathy Left
    • L5 Radiculopathy Right
    • Disc Protrusion L3, L4, L5, & S1
    • Spinal Stenosis L5 & S1
    • Disc Bulge C6 & C7
    • Scoliosis

The employee received extensive physical therapy in Florida, due to his work-related automobile collision, and also received several prescription medications as a result of his injury.

The employee treated with an orthopedic surgeon as well as a pain medicine specialist. 

Even though the injured employee had not reached Maximum Medical Improvement and continued to require medical treatment, the employee chose to seek and eventually accept a lump sum settlement, because the employee did not want to undergo the back surgery which had been prescribed for him.

Nonetheless, the medical records in this matter all supported the basis that this employee's injury was permanent and that the injury rendered this employee incapable of returning to his previous employment as a surveyor.

Prior to the disbursement of the settlement funds, the employee's child support lien needed to be resolved, and was successfully satisfied.

The injured employee received a total of $304,509 in compensation from the workers compensation insurance company, including a full and final settlement of $100,000.

Workers Compensation Settlement: Broken Leg and Back Injuries: Full and Final Settlement of $127,392.

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 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.

Workers Compensation Settlement: Head, Neck, Back, and Shoulder Injuries: $146,066 in Total Compensation, Including a Full and Final Settlement of $105,000.

The injured worker was a truck owner and operator who was injured in a motor vehicle accident, and suffered injuries to his head, neck, back, chest, shoulder and knees

In particular, the worker's treating physician diagnosed the worker's injury as “impingement syndrome, AC arthosis and labral tear,” and prescribed both physical therapy and/or surgery for the worker.   

An MRI on the worker's  shoulder demonstrated a labral tear and tendinosis. 

Though his condition had shown some minor improvement due to the physical therapy, this worker still suffered pain in his left shoulder and was unable to return to his work as an owner-operator of a tractor-trailer.

Vocational rehabilitation was begun, and a Labor Market Survey performed, but fortunately the claim settled before vocational rehabilitation was completed.

A Medicare Set-Aside (MSA) arrangement in the amount of $49,012 was approved by CMS.

This injured truck owner and operator received a total of $146,066 in compensation from the workers compensation insurance company, including a full and final settlement of $105,000.

Workers Compensation Settlement: Back Injuries, Including a Bulging Disc and an Annular Tear: $146,498 in Total Compensation, Including a Full and Final Settlement of $95,000.

The injured employee was a nurse who was injured while assisting a patient.  The injured employee was lifting the patient up from the bed and into a wheelchair when the injured employee heard a loud pop in her back and immediately suffered intense back pain.

The injured employee's MRI results indicated a bilateral neural foraminal narrowing at L5-S1, and a disc bulging at L5-S1 with a large annular tear. 

The injured employee underwent physical therapy and two epidural steroid injections, but her condition did not improve.

The employee treated with a pain medicine specialist and a physiatrist, as well as an orthopedic surgeon. 

Even though the injured employee had not reached Maximum Medical Improvement (MMI) and continued to require medical treatment, the employee chose to seek, and eventually received, a lump sum settlement, because the employee did not want to undergo the surgery which had been prescribed for her.

Additionally, the employee's employer went out of business, and on the way out of business even tried to assert that the employee had resigned (which would have eliminated the employee's lost wage benefits).

However, swift legal action prevented the elimination of the employee's lost wage benefits, and allowed the employee's weekly indemnity benefits to continue and future lost wage benefits to be included in the full and final settlement.

The injured employee received a total of $146,498 in compensation from the workers compensation insurance company, including a full and final settlement of $95,000.

Workers Compensation Settlement: Head Injuries: $101,185 in Total Compensation, Including a Full and Final Settlement of $45,000.

The injured employee was a nurse who was injured while assisting a patient.  The patient rose up from a hospital bed and - unprovoked- violently punched the employee in the face and head, damaging her head, eyes, and nose.

The injured employee treated with a neurologist, and suffered from intense headaches, nausea, blurred vision, sleep loss, and memory loss.

The injured employee was forced to separate herself from her family in order to isolate herself to deal with her headaches and other symptoms, and was forced to take long breaks while at work, in order to isolate herself to deal with her headaches and other symptoms. 

The injured employee received a total of $101,185 in compensation from the workers compensation insurance company, including a full and final settlement of $45,000.

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A Proven Track Record of Success

We have successfully recovered millions of dollars in settlements for our clients in personal injury claims, auto accidents, and insurance claims. The reason that our opponents settle our clients’ cases for full value is because they know we prepare all our clients’ cases for trial from the start. In fact, we are known for not being afraid to take cases to trial, and thus our opponents know they are in for a fight when going against our clients.

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