$70,000.00 Workers' Compensation Settlement
A 41 year old Worcester resident injured his low back while pushing boxes on the job. He developed chronic low back pain, that did not resolve despite physical therapy and back injections. The client had difficulty with most physical activity, and could not return to the physical job he held before becoming injured. The client collected total disability benefits for the maximum of three years. The client was now faced with the fact that he may have to accept a reduced weekly wage benefit, even though he was still unable to perform any gainful work. His attorneys at Homan & Sullivan, P.C. aggressively pursued a settlement from the unwilling insurance carrier. Once the insurance carrier was convinced his attorneys were not backing down, the client was offered a settlement of $70,000.00, including medical benefits for his back injury for life.
$50,000.00 Worker's Compensation Settlement
Machine Operator with Knee Injury
A 32 year old gentleman from Marlborough injured his left knee while working as a machine operator. He was required to undergo three surgical procedures on his knee over the course of more than three years. He was paid total disability benefits by the workers' compensation insurance carrier, until they decided to force him to court to prove his disability continued. The insurance continued to fight despite surgery being performed during the course of litigation. The insurance company offered a small amount of money to settle the case, instead of giving up, this gentleman and his lawyers at Homan & Sullivan, P.C. fought back. The case went to trial and we were successful in fighting the insurer, and kept the young man on benefits. The insurance came back again, and brought the matter into court again. As the client was regaining some level of comfort with his knee, a success negotiation resulted in a $50,0000.00 settlement for the client.
$70,000.00 Worker's Compensation settlement
Construction Worker with Severe Hand Injury
A 41 year old Needham resident, working on a construction site shattered his left hand when it was struck by a large hammer. A number of fusion surgeries were unsuccessful, leaving the gentleman with a weekend left hand, he was left handed. He had difficulty grasping and holding objects and could not return to his former occupation. The client collected total disability benefits for the amount of time allowed under our law, three years. The firm then fought to obtain the construction worker total and permanent benefits. The case was proceeding in litigation, when the Judge's assigned impartial doctor, issued a report indicating the gentleman was only partially disabled. Despite this negative report, the lawyers at Homan & Sullivan, P.C. were able to obtain a $70,000.00 settlement, far in excess of the benefits the gentleman would have received if found only to be partially disabled.
1.3 Million Settlement for 3rd Party Claim and $91,000 Settlement for Worker's Compensation Claim and a Successful Social Security Disability Claim
Multiple Fractures to Entire Body to a Greenhouse Installer
This 33 year old Employee from Marlboro, Massachusetts was hired by a Hampden, Massachusetts, company, to install Greenhouses across the United States. This employee was working on Long Island, NY when he fell over 20 feet through the glass of a green house he was installing. He was taken to a local Trauma Center where he was treated for massive internal injuries as well as broken arms and other orthopedic issues.
He made a dramatic recovery from his injuries and was eventually able to return to work full time. His worker's compensation claim was settled for $91,000 and his medical benefits remain open for the rest of his life. With the help of a New York City law firm a case was brought against the general contractor who was responsible for the overall safety of the jobsite for violations of OSHA. This claim was successfully settled prior to trial for $1.3 Million. The injured worker also filed for Social Security Disability Benefits and a favorable decision was rendered placing him on SSDI benefits.
$250,000 Settlement with Liability and Successful Social Security Disability Claim
Back Injury to a Welder
This employee was a 52 year old married man with a high school education; who had been working as a welding foreman. He first hurt his back in 1990. He underwent his first surgery in the early 1990's and, unfortunately, two weeks after the surgery he sneezed and re-injured his back thereby having to undergo a second back operation. He was out of work for approximately six months in the 1990's and then returned to work full duty with no problems for this employer.
Unfortunately, in 1998, he sustained his first industrial accident while working for his current employer. At that time, there was a fire in the building and, in the panic, he grabbed a pallet that weighed 600 lbs. to try and move it and injured his low back. He actually continued working after that injury for approximately a year and a half undergoing injections as well as pain medications and physical therapy. Unfortunately, he had to undergo back surgery once again in March 2000. He was out only two months and returned to work light duty for two weeks. He then went full duty full time and has continued doing that since the 1998 injury until 2003. In 2003, he was pushing a cart full of steel that weighed approximately 600lbs. while another employee was pulling and he felt a surge of pain in his low back radiating into his right leg. He subsequently had three additional back surgeries which all failed.
This employee exhausted his temporary total disability benefits and a Court Order was son placing him on permanent and total disability benefits under §34A. This Order was appealed by the insurer and an impartial examination was conducted by a state hired physician, based upon the strength of this report this employee's worker's compensation claim was settled for $250,000, and his medical bills will be paid by the insurer for the rest of his life. Moreover, he was successfully placed on Social Security Disability benefits which were no longer offset after the worker's compensation settlement.
$250,000 Settlement with Liability and Successful Social Security Disability Claim
This 46 years old employee was a native of Puerto Rico and had been employed as a janitor/maintenance person for approximately 15 hours per week for about four years at a Framingham, Massachusetts company. He was also concurrently employed working a second job. He had a combined average weekly wage of $760.
While in the course of his employment, he was bringing some trash bags, that were loaded in a cart, out to the dumpster. The cart was overloaded and when he went to take one of the trash bags out to put it in the other cart, the trash bag began to flop and he fell and injured his entire right side. He reported it immediately, treated at the emergency room and remained out of work for seven days.
This employee continued to work, both jobs, with great difficulties and pain, for six months after the accident. He then underwent surgery with a Natick, MA doctor, for his right wrist. The surgery was a failure and he was unable to work after the surgery. Unfortunately, post-surgery, he went on to develop a significant reflex sympathetic dystrophy also known as complex regional pain syndrome.
The employee was placed on permanent and total disability benefits following a Conference at the Department of Industrial Accidents in Boston, Massachusetts. The case was appealed by the insurance company and prior to Hearing the case settlement for $250,000 in the form of a structured settlement. The employee was also found to be disabled by an administrative law judge at the Boston office of Hearings and Appeals and placed on Social Security Disability Benefits retroactively.
$235,000 Settlement with Liability
Back Injury to a Laborer
This employee was 51 years old at the time of his industrial accident which occurred in Milford, Massachusetts, when he was trying to manipulate a 260 iron bar he was carrying, he lost his balance, and suffered a severe injury to his low back. He had a 10th grade education and a past work history as an auto mechanic and iron worker.
He eventually underwent a laminectomy and fusion at L4/5 and S1 at a Boston Hospital. This surgical procedure was not successful, and a subsequent surgery was performed on his L4 sacrum which was fused posteriorly with rods and a right iliac-crest bone graft were performed. This helped alleviate some of the symptoms, but he continued have low back pain and was unable to work. The employee was placed on permanent and total disability benefits by an Administrative Law Judge at the Boston Department of Industrial Accidents. After collecting these benefits for almost twenty years the worker's compensation claim was resolved for $235,000 which was paid out in a structured settlement on a monthly basis. The employee's medical benefits will remain open for the rest of his life.
$200,000 Settlement $125,000 Third Party and $75,000 Worker's Compensation and Successful Social Security Disability Claim
This employee was a delivery person for a local Seafood company. He was making a delivery to a Worcester, Massachusetts restaurant when he slipped and fell on ice in its parking lot. He reported the injury to his employer and immediately sought medical treatment. He was taken out of work by his doctor and diagnosed with herniated lumbar discs and degenerative disc disease.
After collecting temporary total disability and after an impartial examination the worker's compensation claim was settled for $75,000. A few months later after a lawsuit was filed in Worcester Superior Court the third party claim against the restaurant for negligence was settled for $125,000. The strength of the case for negligence lay with pictures that were taken several days after the incident that showed an unnatural accumulation of ice and snow due to cracks in the parking lot. An application for Social Security Disability benefits was also filed and this claimant was placed on benefits retroactively.
$190,000 Settlement with Liability and Successful Social Security Disability Claim
Vestibular Injury to a Truck Yard Worker
The Employee was a 59 year old, married gentleman with a High School education, who resided in Northborough, Massachusetts. He was employed by a Tractor Trailer company located in Northboro, Massachusetts. Unfortunately, the Employee suffered a severe work place injury when he slipped and struck his head on a large truck tire rim. It was discovered the Employee injured his vestibular system, which is responsible for balance and equilibrium. Despite several surgical procedures, the Employee has permanent vertigo and equilibrium problems. The Employee's treating physician and the workers' compensation insurance carrier's physician agreed the Employee was incapable of returning to gainful employment as a result of the injury. The parties reached a voluntary settlement without the need to fully litigate the matter. The settlement was approved by an Administrative Judge at the Boston Regional Office of the Department of Industrial Accidents. The employee's medical benefits will remain open for the rest of his life. An application was also filed for Social Security Disability Benefits with the Worcester, Massachusetts SSA office, this application was approved and benefits were awarded retroactively.
$190,000 Settlement with Liability and Successful Social Security Disability Claim
Hand Injury to a pizza maker
The employee, who was in her 50's at the time of the accident, was a native of Greece, had a seventh grade education in her home country. She was employed at the family pizzeria in Quincy, MA working 40 to 42 hours per week. She was injured when her left minor hand was caught in a pizza roller machine. She was taken immediately to the South Shore Hospital Emergency Room. She sustained a severe fracture to the distal phalanx of the second, third and fourth fingers and the middle phalanx of the third finger. The following day she underwent surgery, an open reduction with internal fixation.
She was placed on permanent and total disability benefits following a Conference at the Boston Department of Industrial Accidents. The case eventually resolved by lump sum settlement with liability. Therefore, the employee's medical benefits will remain open for the rest of her life.
Permanent and Total Disability Benefits won then a $175,000 Settlement with Liability and a Successful Claim for Social Security Disability Benefits
Back Injury to a Store Manager
The employee, age 49, worked for a hardware company, in Western Massachusetts, as an assistant manager. This position was a working assistant manager. He was required to loading and unloading heavy materials on a continuous basis. At the time of his industrial injury he was concurrently employed by Honey Dew Donuts as a baker.
The employee was lifting a 60-80 pound bag of cement and he felt severe bi-lateral low back pain. This pain was later diagnosed as a right L5-S1 disc herniation. Over the next ten years, the employee had three back surgeries. The case was won at Hearing getting the employee on §34A benefits which are permanent and total disability benefits. He was also receiving SSDI benefits, which were being offset by his worker's compensation benefits. His claim was settled and approved by the Worcester Department of Industrial Accidents as a result of this settlement his Social Security Disability benefits were no longer being offset. The employee's medical benefits will remain open for the rest of his life.
Permanent and Total Disability Benefits won then a $187,500 Structured Settlement with Liability and Successful Social Security Disability Claim
Back Injury to a Store Manager
This 56 year old employee was working as a nurse's aid for a nursing home in Northboro, Massachusetts. She was taking a patient to the bathroom when the patient got up and stepped on the great toe of her left foot. Unfortunately, this condition resulted in multiple surgeries since that time, and a diagnosis of Reflex Sympathetic Dystrophy which has extended beyond her left toe up her entire left leg and into her left arm. Eventually, her left toe was amputated.
Following a hearing, she was placed on permanent and total disability retroactively back to the date her temporary total benefits were exhausted. The case was eventually settled and this employee received $44,000 up front and then payments of $800 per month for life with a guaranteed period of 10 years. The employee's medical benefits will continue for the rest of her life. She was also successfully placed on Social Security Disability Benefits.
Permanent and Total Disability Benefits won then a $187,500 Settlement with Liability and a Successful Social Security Disability Claim
Back Injury to a Store Manager
This 69 year old male employee with one dependent, his wife, had been employed as a truck driver for approximately 30 years. At the time of his injury he was employed as a feeder driver for UPS, in Shrewsbury, Massachusetts. He is a high school graduate and a veteran of the United States Air Force during the Korean War.
Unfortunately, while in the UPS Norwood, Massachusetts yard, he was breaking down a set of doubles and fell injuring himself to the point he felt pain in both legs. He was diagnosed with a herniated disc, and was probably a candidate for a fusion surgery, but declined surgery.
The impartial examiner for the Commonwealth of Massachusetts suggested he could go back to light duty work full time, and based upon this report, a discontinuance conference was requested by the insurance company. Instead of going forward at hearing the case was settled for $187,500 with the employee's medical benefits remaining open for the rest of his life. He was also successfully placed on Social Security Disability benefits following a Hearing decision by an Administrative Law Judge in Boston, MA.
Permanent and Total Disability Benefits won then a $165,500 Settlement with Liability and a Successful Social Security Disability Claim
Back Injury to a Mechanic
This 56 year old male employee from Marlboro, MA, with one dependent, his wife, has a GED and was in the United State Army, as a Missile Technician for five years in the 1960's.
This employee was a truck driver for many years and eventually became a mechanic for New England Frozen Food in Framingham, MA. Initially, he was employed as a truck driver involved in loading and unloading of frozen food and ice cream. In 1980, he became a mechanic initially on the truck refrigeration units and eventually on all aspects of the entire trucks; and in 1981 he became a working foreman with a crew of five responsible for a hundred sixty-five trucks
Unfortunately, he sustained a lower back injury in 1976 requiring surgery, and was out of work for approximately four months. In 1980, he had further surgery, following an industrial incident, and was out of work approximately four months again. In 1989, he had a third surgery and he was out of work for several months. In 1991, he had another industrial incident with lost time amounting to several days, and finally, in August of 1991, the employee injured his back again at work, and has not worked since.
Initially, the self insurer contested liability as well as the extent of disability and the employee went in front of an administrative judge at the Boston Department of Industrial Accidents who ordered him on a temp total compensation. After an appeal by the insurer, a hearing decision was issued, which found the employee to be only partially disabled, and awarded the employee an earning capacity of $400 dollars.
The employee then filed a claim to increase his benefits to permanent and total disability benefits. Prior to going forward at Hearing at the Boston Department of Industrial Accidents the case settled for $165,500. The employee's medical benefits remain open for the rest of his life.
$125,000 Settlement with Liability and Successful Social Security Disability Claim and Teamsters Disability Claim
Shoulder Injury to a Truck Driver
This 53 year old employee from Sterling, Massachusetts, worked for 27 years as a truck driver and was a member of the Teamsters Union. This employee was in a rail road yard, on top of a truck, the temperature was below zero, the wind gusts were 50 mph and there was snow and ice on the top of the truck. He was hooking on chains and the wind blew him off the truck and he tried to hold onto the chain with his left minor shoulder and it strained significantly and he fell approximately seven feet injuring in addition to his left shoulder his neck and his lower back.
He underwent arthroscopy of his shoulder which had severe internal damage. This employee's claim was settled prior to a hearing for permanent and total disability benefits at the Boston Department of Industrial accidents. He was also placed on disability benefits from the Teamsters Union and found disabled by the Social Security Administration. Due to substantial offsets by settling his worker's compensation claim his SSDI benefits increased dramatically.
$105,000 Settlement with Liability and Successful Social Security Disability Claim
Post-traumatic Fibromyalgia and thoracic outlet syndrome
This 55 year old female employee from Maynard, Massachusetts was employed by a computer company in Marlboro, Massachusetts as an administrative assistant. At the time of her industrial accident this employee was working as a senior executive administrator and worked in the office with the President of the company. Although, this position was not strenuous by definition, this employee was required to be physically active in that she did typing, got presentations together, and on occasion moved desks around the office.
On the date of the accident the employee was moving two pedestal desks when she sustained a bolt of pain in her right shoulder down into her feet. The pain became progressively worse and she had to leave work. She was in and out of work over the subsequent years, however she eventually had to stop working. She was diagnosed with post-traumatic fibromyalgia and thoracic outlet syndrome.
A hearing was won to place this employee on total disability benefits and prior to the exhaustion of those benefits the case was settled with liability for $105,000 and approved at the Boston Department of Industrial Accidents. The employee's medical benefits will remain open for the rest of her life. She was also placed on Social Security Disability benefits retroactively.
$110,000 Settlement with Liability, Successful Social Security Disability Claim and Successful Teamster's Disability Claim
Back and Knee Injuries to a Truck Driver
This sixty year old single employee, has been a truck driver most of his adult life. He began working for a trucking company in Worcester, MA. While working for this company, he injured his back quite severely. He was in and out of work until his final industrial accident.
At that time, while in Jamaica Plain, Massachusetts, making a delivery he was standing on the ledge of his truck, holding on to the back door of his truck to close it, when the door got stuck, he landed on both his knees, injuring his knees and worsening his back.
The insurer fought this claim every step of the way, bringing the case back before the Administrative Judge numerous times. The employee filed a claim for permanent and total disability benefits as his temporary total benefits were set to expire. In lieu of going forward at hearing the case settled for $110,000 with the medical benefits remaining open for the rest of the employee's life. The employee was also successfully placed on Disability Benefits through the Teamsters Union and by the Social Security Administration.
Settlement of $75,000 with Liability
Broken Ankle/Employee's Right to Prevailing Wage
The Employee was a 23 year old male laborer from Marlborough, Massachusetts, working for a concrete company on a public works project. While assisting a fellow employee to lower concrete forms using a boom truck, the Employee was struck by the carrying mechanism of the boom truck and suffered a broken ankle.
The project was a public works project, located in Fitchburg, Massachusetts. The Employee's work was governed by the Federal Prevailing Wage Act, however the Employee was not being paid the Prevailing Wage. The Employee claimed his workers' compensation benefits should be based on the Prevailing Wage. The Insurer agreed to pay the Employee weekly wage benefits based on the prevailing wage, after which all workers' compensation claims were settled for $75,000. The employee's medical benefits will remain open for the rest of his life.
Settlement of $72,500 with Liability
Loss of Eye
The Employee, a resident of the City of Worcester, Massachusetts, was a 38 year old male delivery helper, who was injured while attempting to open the rear door of a refrigerated delivery truck. While making a delivery in Jamaica Plain, Massachusetts the delivery truck door became stuck, then suddenly released, striking the Employee in the face causing several broken facial bones and ultimately the loss of one eye. The Employee suffered from permanent dizziness, vertigo and headaches, as well as permanent loss of vision.
The Employee pursued a claim for total and permanent wage benefits. A settlement was eventually reached where the total sum of $72,500 was agreed upon and approved by the Worcester Regional Office of the Department of Industrial Accidents. The employee's medical benefits will remain open for the rest of his life.
Settlement of $48,750 with Liability
Work Related Heart Attack
The Employee, a 47 year old father of two, residing in Hudson, Massachusetts, suffered a work related heart attack due to the heavy duty nature of his job. The Employee worked as a repairman of industrial motors at his employer's bakery in Lawrence. This job required lifting in excess of 100 lbs. on a regular basis. After a work shift involving heavy lifting the Employee felt weak, had chest pain and broke out in a cold sweat. The Employee was diagnosed with a heart attack and was treated successfully. The Employee's treating cardiologist stated the heart attack was work related. A Cardiologist hired by the workers' compensation insurer agreed the heart attack was related to heavy labor intensive work. The case was settled for a total of $48,750 on the day of Hearing.
Settlement of $45,000
Retiree with Part time Job/Shoulder injury
The Employee was an 80 year old gentleman from Maynard, Massachusetts who worked as a clerk for DeMoulas Supermarket in Ashland, Massachusetts for approximately five years and performed bagging and stocking duties. He suffered a tear of his right, major, rotator cuff, when he slipped and fell on a set of stairs. Surgery was conducted, but a subsequent MRI revealed a persistent rotator cuff tear, which could not be repaired surgically.
The Employee was awarded total and permanent benefits by an Administrative Judge at the Worcester Regional Office of the Department of Industrial Accidents. The case was settled for a total of $45,000, which represented more than eight years of benefits, as the Employee was only a part time worker earning approximately $100f per week.
Employee awarded Total and Permanent Benefits after Hearing
Bilateral Shoulder Injuries
The Employee, a 65 year old semi-tooler who lives in Holden, Massachusetts was injured due to repetitive lifting on the job. The Employee suffered from left shoulder pain, which required two surgeries. The Employee had permanent lifting restrictions and was advised by her treating physician she could no longer work. The Insurer disputed the claim and a full Hearing was held before the Department of Industrial Accidents in Worcester, Massachusetts. The Employee was ultimately awarded total and permanent wage benefits. Prior to the award of benefits, numerous efforts were made to resolve the matter with workers' compensation insurance carrier but the insurer failed to make an offer that in any way reflected the nature and extent of the Employee's injuries. The employee is now eligible to collect $485 per week with Cost of Living increases every October for the rest of her life.
