$70,000 Work Comp Settlement for Nurse’s Injury On the Job

Nurses have some of the toughest jobs around, and the continuous hard work causes repetitive/cumulative injuries for many of our front line workers. Over the years ICL has represented nurses and hospital workers, and has found that often injuries go un-reported due to these hard workers tough attitude and drive to help others over helping themselves. When injuries are reported, unfortunately we have found that hospital HR and supervisors downplay the severity – or send employees to in-house clinics that immediately recommend return to work. We’ve even had one case where a hospital employee had a severe shoulder tear but the in-house hospital industrial doctors refused to request an MRI and tried to return our client to work immediately with nothing but over the counter medication.

ICL is happy to announce a $70,000 settlement for one of our nurse clients with shoulder and low back injuries. This senior nurse’s job duties over the last 20+ years included constant patient care including lifting/carrying and moving large patients from beds.

Despite clear evidence of injury over a ~20 year dedicated career, the employer still tried to avoid responsibility for the cumulative trauma injuries. The Applicant had to go through her own insurance and get limited EDD benefits for a year as we fought the insurance every step of the way. She paid over $6,000+ for her own treatment, which we were able to get reimbursed, along with mileage and travel costs for appointments.

As a final note, we’d like to say THANK YOU to all medical workers in California and across the US. Your hard work and sacrifice keeps all of us safe in these troubling times. If you ever need advice or have questions, we are here to help day or night!

ICL $175,000 Settlement for Injured Worker Fall On The Job

Injury Compensation Law PC is happy to announce a $175,000 settlement for one of our top clients in Los Angeles. This Applicant fell at work causing serious injury to the back, hip, and shoulder that eventually led to surgery and multiple complications (including psychiatric, internal/gastrointestinal, and knee).

Defendant insurance tried their best to deny medical treatment, reduce future medical care provisions, and force the Applicant off medications and durable medical equipment in an attempt to save final settlement costs. Defendant even tried to send limited medicals (leaving out vital QME and other medical legal reports) to Independent Medical Review to try to uphold their improper Utilization Review denials. After forcing litigation on the issue, Defendant agreed to continue authorizaton for the treatment originally denied.

Using medical and settlement experts, Injury Compensation Law PC was able to obtain a large settlement for the Applicant that not only covers future medical care, but also limits the reduction of social security benefits! Thank you to all of our experts for the assistance resolving this claim!

Car Accidents, Crashes, and Injuries – February Rain Hits Los Angeles, Orange County, and San Diego

Over the last month of rain, car accidents and crashes have been happening all over Los Angeles, Orange County, San Diego, Riverside, and San Bernardino.  Many accidents/crashes have been due to heavy rains and slick roads, as well as other dangerous road conditions.

A violent fatal crash happened in Chatsworth on DeSoto Avenue and Plummer Street this weekend between a Infiniti and Toyota, including serious injury to a 9 year old girl who is in critical condition.  Another man from Granada Hills was also injured, while the driver and passenger for the 9 year old girl died at the scene.

A suspected DUI crash happened near Central Avenue and 33rd, injuring all seven people in the Honda Accord. Multiple passengers have head traumas (including one thrown from the car 80 feet), and the driver fled on foot but was later found and arrested.  Of the seven people in the car, only one was wearing a seat belt.

The rains (and even snow!) has caused serious car crashes and accidents from Los Angeles to San Diego.  Snow even covered San Diego mountain areas closing some roads and forcing San Diego Sheriff’s Department to ask drivers to stay home due to dangerous driving conditions.

As we know from our previous post about weather conditions, they can seriously increase the rate of accidents and crashes.  These cause serious injuries like whiplash, neck and back pain, broken bones, head traumas, and a variety of strains/sprains.  Please be safe and always wear a seatbelt!  Also make sure you have proper tires (and chains if needed) when heading up into the mountains for a snow adventure.  Watch out for black ice and slick roads after rain and snow.

If you have been in a car accident or crash, first get to a safe area and call an ambulance for any injuries.  Make sure to obtain a police report, contact your insurance company, and immediately call a attorney like those at Injury Compensation Law (714-627-2622).  Always get checked out by a doctor immediately, and pay attention to any pain that arises in days/weeks following the accident. A personal injury (or workers compensation if driving on the job) attorney can help you navigate the complicated insurance system, send you to the best doctors, and get you back to your life as soon as possible.

ICL Wins Trial on Temporary Disability and Earning Capacity for Union Construction Worker – Labor Code 4453(c)(4)

In a recent trial, Injury Compensation Law Attorneys won against defendant on the issues of temporary disability and earning capacity for an injured union construction worker.

In this case, defendant had previously obtained a court order that the applicant’s average weekly wage was $290.76 based on just under 2 weeks (9 days) of wages prior to injury.  The applicant had just started working at the construction employer when he sustained injury to the back and elbow due to an incident.

Unfortunately defendant obtained that rate with incorrect calculations of days and hours worked, and refused to acknowledge earning capacity calculations based on Labor Code 4453(c)(4) where the applicant worked for less than 30 hours per week.  The Judge set aside the prior order under Labor Code 5803 for good cause, including the fact that Applicant’s prior attorney improperly sent a hearing representative instead of a attorney on the day of trial.

Using the Applicant’s Sheet Metal Union 60% journeyman membership documents and prior employment, Injury Compensation Law was able to prove his actual earning capacity under Labor Code 4453(c)(4) was $1,062.80 per week.  This resulted in significant increase in temporary disability benefits for the union worker awaiting surgery, as well as back-pay of over $20,000+ in benefits owed by the insurance carrier.  The court provided excellent analysis of 4453(c)(4) including reference to California Supreme Court case Argonaut Insurance Company v. Industrial Accident Commission (1962) 57 Cal. 2d 589, 594 [27 Cal. Comp. Cases 130, 133].

In a comment to bLAWg.blog, Attorney and Founding Partner J. Grant McCreary said: “This is a big win for our client, as he was almost evicted due to defendant paying less than $200 per week in temporary disability benefits.  Now he can comfortably pay his bills and support his wife and kids as he awaits surgery and recovery.  This case shows that injured workers should not settle for questionable firms with hearing representatives that don’t know the law.  Union workers should always find a knowledgable aggressive attorneys that can work with their union representatives to make sure proper benefits are paid in full.  A special thanks to Sheet Metal | Air | Rail | Transportation (SMART) Local Union 105 for their help providing documents and support!”