Workers’ Compensation – Permanent Total Disability
Micheal A. Edwards, successfully defended a claim for permanent total disability filed by a former roofer who sustained a lumbar compression fracture and right knee injuries (surgically reconstructed) when he fell from a roof. Medical testimony was conflicting on all issues. Mr. Edwards was able to show that degenerative conditions at multiple levels of the lumbar spine were unrelated to his work accident, and that the claimant was employable in spite of an inability to return to work as a roofer. The claims for permanent total disability and medical treatment of the unrelated lumbar conditions were denied.
Potential exposure for indemnity and medical benefits, attorney’s fees and costs exceeded $1 million and the settlement demand prior to trial was $800,000.