Case Study

Petitioner’s Bad Back Turns in a Nuisance Settlement

Petitioner brought a workers compensation case approximately one year after he was laid off from Respondent. He alleged a back injury which resulted in various treatments, including surgery. With approximately $160,000.00 in outstanding medical bills, Petitioner had his eye on a golden goose of a workers’ compensation claim to cover his medical expenses and compensate him for permanent disability.

 

Through aggressive defense and investigation, prior treatment records for Petitioner’s back were located and a video job analysis was performed to show Petitioner did minimal lifting. After our defense expert opined Petitioner did not injure himself in the course of his employment, the parties agreed to pretrial conference with the Arbitrator. After presenting our findings to the Arbitrator, he recommended Petitioner take a nuisance value settlement to resolve the matter. The Arbitrator noted the Expert’s opinion concerning prior treatment, as well as the lack of notice of the alleged accident. Respondent agreed with the Arbitrator’s recommendations and significant savings were made in defense costs, as well as an overall case exposure.