Ankin Law attorney, Josh Rudolf recently represented a worker who was injured when he was struck by a forklift on the job. The dock man/forklift driver, stated his duties included unloading tractor trailers by hand or with a forklift. On the day of the accident, he was on a dock looking for a piece of freight when a coworker in a forklift struck him from behind. He fell to the ground and immediately felt pain in his lower back, shoulder, and neck. He reported the accident and was sent the same day to a medical center.
For roughly the next two years the injured worker underwent various tests and treatments that did little to relieve the pain. Doctors opined the best remedy would be back surgery but the company’s chosen doctor felt the surgery was unwarranted. The insurance company also reviewed the request for treatment, and their expert also denied the surgery. Despite these denials Rudolfi was able to convince the arbitrator that the surgery was necessary.
At the time of the hearing, the injured man was unemployed, and testified, he felt “miserable.” His lower back bothers him all the time if he sits too long. His back also begins to hurt, if he is standing, he coughs or sneezes, and if he walks for too long. The pain is sharp, as if his back is being pushed out if he moves the wrong way, or if he gets up from sitting too long. He had noted during the hearing he would have the recommended surgery if it were authorized.
As a result of the arbitration hearing:
A. The employer will pay all past reasonable and necessary medical services in the amount of $16,402.67
B. The employer shall authorize and pay for the L5-S1 microdiscectomy as recommended, as well as reasonable and necessary post-operative treatment.
C. The employer will pay the injured worker Temporary Total Disability benefits of $652.25/week for 88 and 1/7 weeks, from May 23, 2023 through January 28, 2025
(Read the full Arbitrator Decision here)
Another wrinkle in this case was the recent bankruptcy filing by the employer. The parties had to wait for a Federal bankruptcy stay to be lifted in order to proceed to trial. Once the stay was lifted the hearing was allowed to proceed. Following the bankruptcy there was a lot of red tape for the defense attorneys to go through in order to even work on the files. To avoid delay, Rudolfi agreed to allow the report from the company’s experts into evidence instead of requiring a deposition from the doctor. Without the deposition the doctor was not able to explain why his opinion was different than every other doctor and every diagnostic test. This was to the advantage of the injured worker.
