A young woman working for Southwestern Bell as a cable splicer spent her days cramped in a manhole for hours spicing cables. One day at work, after climbing out of the manhole, she felt a sharp pain in her lower back. Concerned, she went to her primary care physician who ordered an MRI that revealed that she had a large herniated disc. She underwent discectomy surgery that same day. Later that year, she was released to return to work.
After some time back at work, she experienced an aggravation of her injury, or possibly a new injury. However, her attorney at the time did not file a work comp Claim for Compensation. The employer authorized conservative treatment, and she was again released. She had to use her health insurance to see a new doctor, who ordered an MRI and did a second discectomy surgery, and was released at “maximum medical improvement” (MMI). However, she returned to him a couple of months later explaining that the back pain had increased.
The Employer and their work comp insurer again denied any further work comp benefits. She then underwent four additional surgeries to her low back, including fusions with hardware to the three levels above the initial disc. Because work comp denied any more treatment, all of those surgeries were paid for using her own health coverage, who filed a “lien” on her case for the medical bills they paid for the surgeries.
To make things worse, her previous attorney then abandoned the case, and she was referred to The Hines & Wilson Law Firm, who agreed to take over her case. The Hines & Wilson Law Firm obtained an Independent Medical Examination and an evaluation by a vocational rehabilitation expert, both of whom found her to be permanently and totally disabled.
The Employer then sent her another one of their doctors who tried to blame most of her problem on degenerative disc disease. The Hines & Wilson Law Firm took the case to Final Hearing, and during the trial, her employer tried to use a prior arrest and some social media posts against her. While the judge did not allow the arrest record to be admitted into evidence, she did permit the social media posts to be admitted.
After a lengthy trial, claimant was awarded $349,406.75 in past-due work comp checks, and weekly permanent-total disability checks for a lifetime (estimated $760,000 additional cash outlay over her life expectancy). The employer was responsible for the health insurance lien, and all future medical treatment for the rest of her life.
The Hines & Wilson Law Firm has more than 50 years of experience with workers’ compensation claims. We have a refined and specialized knowledge to ensure our clients just compensation. If you’ve been hurt on the job, contact us. You can call us at (573) 443-4500, our toll-free number (877) 473-4500, or email us info@hineswilsonlaw.com for a free and confidential consultation about your work comp claim.
