Workers Comp Final Payment “Dear John” Letter to Decubitus Ulcer Victim Reversed
Nothing is more gratifying for an injury and disability law firm than reversing a case that looks lost. Several times we have taken a case that was “over” and turned it around for a deserving accident victim. As Yogi Berra would say, “It ain’t over ’til it’s over.” Recently, we were able to help a Pennsylvania client who had sustained a Low back injury, back sprain and neck sprain. He later developed “Conus Medullaris Syndrome.” He was paid all 500 weeks and received a letter from the workers compensation insurance company advising him that there would be no further weekly wage loss or permanency benefit payments. What is worse, he had lost over $40,000 of his own money in an unsuccessful medical negligence claim that arose as the result of the injuries and treatment in this case.
And things were not going well with interaction with Commission Personnel and he was a “no show” at the Hearing scheduled with the Deputy Commissioner. We dropped what we were working on, and reviewed his official file, got with all of his treating doctors and presented the case. The claimant was prepared extensively, including attending other comp Hearings and our firm’s unique post-Hearing de-briefings that we utilize to assist disabled claimants to understand the Workers Compensation Commission procedures. After a successful hearing in Fairfax, the claim was settled with the insurance company paying over $600,000, with over a third payable in a lump sum and the rest in a Medical Set Aside so that he could continue to receive his Social Security Disability Income benefits. This was yet another successful Permanent Total Disability case for the Herndon Reston area injury and disability firm of ABRAMS LANDAU, Ltd.