If you are filing a workers compensation claim, your legal partner needs the extensive experience of Abrams Landau, Ltd. to ensure that your claim is well-managed and your benefits are maximized. The following list highlights some of the firm’s past successes – please contact us to learn more:
· Jahnke vs. Montclair Country Club – Mediation
· Burke vs. Loudoun County – Settlement for partial paralysis
· Cogle vs. Kora & Williams – “Medicals only” settlement
· Doyle vs. RC Cola – Permanent total disability settlement
· Embrey vs. Food Lion – Mediation
· Repnikov vs. Hechingers – Severed Arm Saved, Permanent Partial Disability Award
· Staats vs. Fairfield Bridge – Mother Compensated For Nursing Brain Injured Son
· Reardon vs. Kaiser Permanente – Ground-breaking ear surgery for nurse
· Mullins vs. Northern Virginia Homes – Mediation
· Redding vs. Dynalectric – Pre-existing condition exemption
· Garcia Carillo vs. Middleberg Corp. of America – $2.5 million lifetime settlement
· Potts vs. Arlington School Board – Teacher Settles Claim Against Local Government Entity
JAHNKE VS. MONTCLAIR COUNTRY CLUB, ZURICH AMERICAN INSURANCE – MEDIATION FOR 13-YEAR-OLD CASE
Virginia Workers Compensation Commission File #151-23-92
Tried before: Deputy Commissioner Temple Mayo
Injuries alleged: Reflex Sympathy Dystrophy (RSD) from cervical strain
Verdict or Settlement: Settled for $95,000 at Mediation; claimant had received $153,223.50 in wage loss and $64,560.56 in medical benefits (total $312,784.06).
Facts: Golf Club bar manager sustained cervical strain in 1991, which she alleged evolved over the next dozen years into Reflex Sympathy Dystrophy and fibromyalgia. IME reports did not find an organic basis for the 37-year-old female patient’s complaints and suggested factitious disorder or malingering.
Expert Witnesses:
Defense: Dr. Brian Schulman, Psychiatry, Bethesda, MD
Dr. Joseph Linehan, Orthopaedic Surgery, Reston, VA
Dr. Donald Hope, Neurosurgery, Reston, VA
Plaintiff: Dr. A. Janati, Neurologist, Woodbridge, VA
Dr. G. Nejad, Orthopaedic Surgeon, Woodbridge, VA
Trudy Koslow, C.R.C., (Life Care Plan) Alexandria, VA
Special Comments:
This case is an excellent example of the kinds of difficult and protracted claims the Ombudsman’s Office is equipped to resolve. RSD and Fibromyalgia present problems of proof for both sides, and given all of the expert witnesses, this would have been costly for the carrier as well as the claimant to try and then litigate through the appellate process. This claim was almost 13 years old, and the carrier was saddled with a young claimant with chronic maladies. This lump sum settlement enabled the insurance company to save as against their lifetime medical exposure as well as remaining indemnity payments. The Virginia Workers Compensation Commission provides Mediation in Richmond (and elsewhere) free of charge, and while not every claim results in a compromise settlement, the overwhelming majority of cases do conclude due to their Mediators’ efforts and expertise. Mediation with the Commission also enables claimants to find closure in very emotional cases without the uncertainty of protracted litigation.
BURKE VS. LOUDOUN COUNTY – SETTLEMENT FOR PARTIAL PARALYSIS
Court: Docket No. VWC File: 167-26-45
Tried before: Chief Deputy Commissioner J. Szablewicz
Injuries alleged: Right spastic hemi-paresis(which means half of his body has paralysis), abnormal gait, spasticity, depression
Verdict or Settlement: Settled $205,000
Facts:
Sheriff sustained an injury which has left him with right spastic hemi-paresis. The insurance carrier attempted to place this 61-year-old law enforcement officer into a Pizza Hut. When job placement efforts failed, the Self Insured Employer’s TPA hired a Nurse Case to start scheduling appointments, even though she admitted that the claimant was “competent to make his own appointments.” Her conduct is in direct violation of §65.2-603 “…medical management is to be directed by the treating doctor, not by an employer’s representative.” She also engaged in changing his treatment modalities and doctors, ex parte meetings with his treating doctor, and the denial of medical care, equipment and eventually the termination of his comp benefits. The now Chief Deputy Commissioner agreed that she engaged in “wholly inappropriate medical management.” The Commission assessed an attorney’s fee award against the employer for its bad faith failure to reinstate the claimant as of the date of his acknowledged “cure” of the alleged refusal of medical care, coupled with the wholly inappropriate medical management of the case by the nurse case manager.
Plaintiff’s Counsel: Douglas Landau, ABRAMS LANDAU, Ltd., Herndon, Virginia
Expert Witnesses:
Defense: Nurse Case Manager Sharon Lasher
Plaintiff: Neurological specialist Robert Kurtzke
family doctor, Gwilym Parry
Special Comments:
In those rare cases that qualify for Permanent Total Disability benefits under the Virginia Workers Compensation Act exception to the 500 week indemnity payment limit, usually it large permanency ratings to both legs or both arms that support the claim. In this case, it was the inability to use one side of the body that lead to the settlement after winning at a hearing to have the nurse case manager removed for medically managing the claimant’s care, which is prohibited under Virginia law.
COGLE VS. KORA & WILLIAMS – “MEDICALS ONLY” SETTLEMEN
Court: Virginia Workers Compensation Commission
Docket No. V.W.C. File # 114-66-15
Injuries alleged: Lumbo-Sacral Spine Herniation, post L5-S1 fusion, chronic low back pain
Verdict or Settlement: Medical benefits settled for $265,000.00.
Plaintiff’s Counsel: Douglas Landau, ABRAMS LANDAU, Ltd., Herndon, Virginia
Facts:
Field laborer earning $360.00 per week after only a month with this now defunct employer fell and injured back and head. At the time of settlement, the 49-year-old claimant was a county employee delivering hot meals to senior centers.
Diagnosis was post concussive disorder and myofascial low back pain. Dr. Gisolfi pointed out that “the patient is gainfully employed and appears to have exceeded the expectations of any of the physicians who treated him for his injuries in the late 1980’s in this regard.” Dr. Gisolfi also offers that “the patient’s current treating physicians, Dr. Burgess and Latif appear to be doing commendable service in managing the patient’s long standing difficulties with chronic low back pain.”
Expert Witnesses:
Defense: Dr. Ian Wattenmaker, Reston spinal surgeon
Plaintiff: Dr. Roger Gisolfi
Special Comments:
This office was originally asked in 1998 to help with his workers compensation claim, the indemnity portion of which was settled in May of 1989 for less than $50,000. We dealt with several different adjusters over the course of this claim, and rejected numerous settlement offers, starting at $35,000.00, despite the carrier’s suggestion that the claimant was not disabled to the extent claimed
DOYLE VS. RC COLA – PERMANENT TOTAL DISABILITY SETTLEMENT
Court: Virginia Workers Compensation Commission
Docket No. At Law No: VWC File #153-11-97
Tried before: Deputy Commissioner Susan Cummins, Alexandria
Injuries alleged: Failed back syndrome
Verdict or Settlement: Settled for $78,000 after payment of 500 weeks
Facts:
The claimant’s 500 weeks had run. We had ratings performed by several board certified orthopedic doctors on the lower extremities as a result of the spinal injury. However, the claimant drove to his appointments, family obligations, he was able to do his own shopping and other activities of daily living. The claimant is now 65 years old, and claims that on the day of his injury, he felt pain instantly in both legs and back upon lifting at work. The claimant was released to light duty work, but has been off work since 1995, after he had Decompression Laminectomy, Discectomy and Fusion. Dr. Baig indicated that his patient had a “failed back fusion,” and Pseudoarthrosis. In short, the fusion failed to take, scar tissue formation has taken hold and the patient was now much older, deconditioned and not as good as a surgical candidate. The claimant is just receiving pain medications at this time, with no future treatment, surgery or other modalities planned.
Plaintiff’s Counsel: Douglas Landau, ABRAMS LANDAU, Ltd., Herndon, Virginia
Expert Witnesses:
Plaintiff: Dr. John Bruno, Dr. Mirza Baig, Mount Vernon Orthopaedics; Dr. Dennis Carlini
Special Comments:
Permanent partial disability ratings to the legs are allowed when the injury is to the lower spine and to the arms when the worker sustains injury to the neck. These ratings can be used to get beyond the 500 week compensation limit. This is known as “permanent total disability.” The statute requires ratings (even in amputation cases) to two extremities and an inability to use them in gainful employment. In such rare cases, the wage loss payments are for life.
EMBREY VS. FOOD LION – MEDIATION
Court: Virginia Workers Compensation Commission
Docket No. V.W.C.C. File #195-36-34
Tried before: Deputy Commissioner Temple Mayo
Injuries alleged: Multiple injuries, RSD
Verdict or Settlement: Settled at Mediation for $150,000.00; claimant had received over $34,113 in wage loss and $97,578 in medical benefits and $20,732 in vocational rehabilitation benefits prior to settlement by compromise Petition and Order.
Plaintiff’s Counsel: Douglas Landau, ABRAMS LANDAU, Ltd., Herndon, Virginia and Patrick Knight, Reston, Virginia
Facts:
54 year old cashier making $324/week had a fairly minor initial injury when a grocery store customer rolled over her foot with a shopping cart, which evolved into multiple compensable consequences and Reflex Sympathy Dystrophy. These included claims for a right toe fracture, broken left collar bone, left wrist surgery, burned back (scarring), and peritonitis.
Expert Witnesses:
Defense: Dr. Donald Hope, neurosurgeon, Reston, VA
Dr. A. Cherrick, Alexandria Hospital, Chief of Pain Management
CORVEL Medical Case Management, Vocational Rehabilitation
Plaintiff: Dr. Camille Grosso, Ph.D., Psychotherapy & Pain Management
Dr. Rajesh Sethi, Neurology
Trudy Koslow, Life Care Planner Trudy Koslow
Dr. J. Mark Evans, Commonwealth Orthopaedics
Special Comments:
The claimant passed out during the Mediation of her claim at the VWCC headquarters in Richmond! Despite two very strong IME reports from highly credentialed physicians against the claimant’s case and a complicated medical picture, the Ombudsman’s Office was nevertheless able to help the parties resolve this complicated multiple injury / RSD claim.
REPNIKOV VS. HECHINGERS – SEVERED ARM SAVED, PERMANENT PARTIAL DISABILITY AWARD
VWC #188-23-71
Miraculous surgery saves severed arm. Injured worker wins permanent partial disability Award at hearing in Tappahannock for loss of use of arm as well as for permanency to foot due to blood loss. Commission also assessed sanction of attorney’s fees.
STAATS VS. FAIRFIELD BRIDGE – MOTHER COMPENSATED FOR NURSING BRAIN INJURED SON
VWC #169-65-43
Over $12,000 awarded after hearing in Warrenton to mother of brain injured bridge worker for her care in nursing her son after his catastrophic fall.
REARDON VS. KAISER PERMANENTE – GROUND-BREAKING EAR SURGERY FOR NURSE
VWC #188-74-48
(see also Newspaper article in Herndon Times and Television news story on treating specialist Dr. Lloyd Minor’s medical advances.)
Ground breaking surgery at Johns Hopkins Medical Center on this nurse’s inner ear dehiscence enabled her to return to work, to teaching health care to school children and most importantly, to her husband and three children.
MULLINS VS. NORTHERN VIRGINIA HOMES – MEDIATION
VWC #184-65-82
Unique mediation of workers compensation claim arising form car accident that provides funds for lawsuit against nursing home, periodic payments for wife’s future needs and coordinates with this firm’s successful Social Security Disability Income Award for client.
REDDING VS. DYNALECTRIC – PRE-EXISTING CONDITION EXEMPTION
Precedent setting Virginia workers compensation claim where worker’s asbestos inhalation claim was not precluded by preexisting asthma.
GARCIA CARILLO VS. MIDDLEBERG CORP. OF AMERICA – $2.5 MILLION LIFETIME SETTLEMENT
VWC #165-27-60
Undocumented alien living in Milwaukee settles catastrophic brain injury claim despite negative controlling Virginia case precedent which would deny illegal employees compensation for their injuries. As a result of our efforts and over $30,000.00 in advanced costs, lump sum and structured settlement will pay client and his family over $2.5 million dollars during his lifetime, after having already fighting to get him $903,979.54 in medical services and $96,141.90 in lost wages.
POTTS VS. ARLINGTON SCHOOL BOARD – TEACHER SETTLES CLAIM AGAINST LOCAL GOVERNMENT ENTITY
Public school teacher alleging brain damage from slip and fall settles workers compensation claim after multiple hearings against local governmental entity. Case compromised for $100,000.00 after we won Federal benefits for the client at the Washington, D. C. Administrative Law Judge Hearing on her Social Security Disability claim.