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Our client was operating a motorcycle when an elderly woman turned left in front of him, resulting in serious lacerations and an ankle injury. The case was resolved for 90 percent of the insurance coverage.
This workers’ compensation claim was for a construction worker who underwent bilateral knee replacement as a result of repetitive trauma.
The defendant made a left turn in front of our client. There was minor property damage at the scene and no injuries reported at the time. Our client developed neck and arm pain and headaches requiring ongoing pain management. The defense claimed that because none of the diagnostic tests showed any injury, the injury was a simple neck sprain. However, Jacobs & Jacobs elicited testimony at the deposition of the treating orthopedic surgeon that the tests for nerve injury have a 25 percent false-negative rate. As a result, he rendered the opinion that our client suffered nerve damage based upon the nature of his symptoms and complaints.
Our client was struck from behind by another driver, sustaining what appeared to be typical whiplash (neck sprain) injuries. However, despite treatment, his pain did not subside. Our client did not lose any time from work but testified that in order to continue working as the head of a culinary arts department at a local community college, he needed to have physical therapy on average once a week. We presented live testimony from a neurologist and a naturopath and convinced the arbitrator that if our client were not compensated for this necessary ongoing treatment, the loss of income would far exceed that expense. The arbitrator agreed and awarded the future medical costs through our client’s expected working years. Prior to the arbitration, we had demanded $125,000 and the insurance company had offered $90,000.
Our client underwent unnecessary surgery, resulting in scarring and disfigurement. The decision to operate was based on a report of a biopsy taken from another patient.