Geraldine sustained elbow and non-surgical back injuries while working as a laborer at a manufacturing facility in Gastonia, North Carolina.  This complex matter offered us the opportunity to work with a colleague on personal injury and workers' compensation claims for Geraldine.  

The workers' compensation claim had a variety of interesting aspects.  From a medical standpoint, we had to navigate several land mines.  Our client had 3 prior knee replacements unrelated to her work injury.  Such serious unrelated conditions present real possible complications regarding the medical treatment in a workers' compensation case.  I also addressed an issue regarding improper (exparte) communication with Geraldine's physician when I was retained.  The North Carolina workers' compensation law provides strict rules regarding what communication is allowed with a Plaintiff's physicians.  I always closely monitor this issue to protect my client. 

The primary issue in the case ultimately became Geraldine's ability to return to work.  This case presents a great example why you must have a skilled lawyer.  Geraldine reached maximum medical improvement (MMI) and received a 5 percent permanent partial impairment rating to her back.  The Defendants owed her compensation for the 5 percent rating equating to approximately $5,000.  However, the better argument for our client was that her work restrictions prevented her return to employment.  I developed this legal strategy.  We ultimately resolved the workers' compensation claim for an additional $170,000, plus the Defendants waiver of their subrogation lien against the personal injury claim (which was well over $250,000).  

Our co-counsel subsequently resolved the personal injury claim for an additional $100,000 (with no reduction given the waiver of the Defendant's lien).  

This global resolution allowed our client to move forward with her life in a very productive manner.  She received the proper workers' compensation benefits (medical treatment, weekly compensation (TTD benefits), mileage reimbursement, prescriptions, etc.).  She also recovered a significant lump sum to close the claim.  We were further able to obtain concessions that assisted the significant personal injury recovery.