Case Results

Workers' Compensation: $140,000 Recovery For Neck Injury

May 2010

Greg sustained a neck injury in an auto accident while working as a truck driver in Texas.  Upon an initial examination of Greg's case, I determined we needed to address several issues for our client.  I prepared a litigation strategy to walk Greg through these matters one at a time. 

First, there was uncertainly regarding Greg's average weekly wage (AWW).  Our client was concerned the insurance company was under-paying his weekly benefits.  I carefully examined documentation to clarify this issue.  We ultimately formed the opinion our client was being over-paid.  I then explained this issue in detail and allowed our client to make an educated decision how to proceed. 

Second, the Defendants were refusing to pay Greg's weekly benefits (TTD).  I was able to negotiate an informal resolution of the issue and get his weekly benefits reinstated.  The Defendants subsequently attempted to terminate his weekly compensation again through a Form 24 hearing.  I aggressively defended Greg's weekly compensation.  We prevailed, and he was able to continue paying his bills.  

Third, Greg's medical treatment was not proceeding well.  He was suffering significant ongoing headaches as a result of his neck injury.  We were finally able to obtain treatment with a new physician who was able to devise a treatment plan to successfully address this issue.  

Fourth, I once again discovered improper communication with my client's physicians.  I utilized the Defendant's mistake to our advantage.  

To some extent, Greg had a typical workers' compensation case when he presented to our office.  He had several issues (some of which he did not even realize) that needed immediate attention.  The insurance adjuster was taking advantage of him.  He was not getting appropriate medical care, nor was he receiving proper monetary benefits.  I am proud to say that we addressed each of the issues in Greg's case, and we subsequently obtained an additional $140,000 recovery for his benefit.  

Practice area(s): Workers Compensation

Court: North Carolina Industrial Commission (Charlotte, North Carolina)

Christopher Shumate

Mr. Chris Shumate is a native of Gastonia, North Carolina, and worked various jobs while pursuing his undergraduate and Juris Doctor education, including several heavy manual labor and skilled trade positions. In his practice, Mr. Shumate often encounters circumstances where these prior experiences are helpful in representing you. Upon graduating law school from the University of South Carolina, Mr. Shumate joined one of the Carolinas' larger defense firms, where he represented a diverse set of employers and insurance companies in civil cases and workers' compensation claims across the Carolinas. Chris utilized this experience to obtain a working knowledge of the insurance industry, and build personal contacts used today in representing you. Mr. Shumate ultimately decided he wanted to focus his law practice on assisting those who have been injured, and doing so with the focus on a personal relationship that is uncommon in the bigger firms. Mr. Shumate's also has a passion for assisting those facing the challenges of the criminal legal system. By representing individuals in a variety of criminal and traffic matters, Mr. Shumate works to achieve the best possible result for each client regardless of the charges levied by the prosecution. Chris has tirelessly pursued his mission of helping people from all walks of life throughout the Carolinas with a variety of legal matters. If you are interested in learning more about Chris Shumate and The Shumate Law Offices, please contact us at 704.371.5059. We look forward to assisting you to achieve a positive result in your legal concern. Education J.D., University of South Carolina B.S., University of South Carolina Jurisdictions Admitted to Practice N.C. State BarS.C. State BarU.S. District Court Western District of North Carolina Professional & Bar Association Memberships N.C. Bar Association S.C. Bar Association Mecklenburg County Bar N.C. Academy Of Trial Lawyers American Association For Justice