Attorney David T. Pearlman of Steinberg Law Firm Obtains $1.68 Million Settlement in South Carolina Workers’ Compensation Case

02-6-2020
David T. Pearlman

Attorney David T. Pearlman of Steinberg Law Firm Obtains $1.68 Million Settlement in South Carolina Workers’ Compensation Case

A Charleston man who suffered a stroke after undergoing surgery to repair a shoulder injury he sustained on the job has received a $1.68 million settlement in a confidential South Carolina workers’ compensation case. The case raised an interesting issue related to the cause of the employee’s injury, and whether such an injury was covered under the workers’ compensation system.

The case involved an employee who suffered an injury to his right shoulder while on the job. The employer did not contest that the shoulder injury was covered under the workers’ compensation program, as it occurred within the scope of the man’s employment. As a result of his shoulder injury, doctors told the employee that he needed to have a follow-up surgery. About eleven months after the initial injury, the employee went in for surgery to repair his right rotator cuff.

Unfortunately, at some point during the time when the man was in the hospital’s care, he had a stroke. This resulted in the injured employee suffering global aphasia, rendering him incapable of speaking or understanding other’s speech. The man filed a South Carolina workers’ compensation claim based on the injuries he suffered during the stroke. In his claim, he sought lifetime compensation and medical treatment, including the need for home healthcare.

Pearlman said there was inadequate pre-surgery determination of the client’s risk for a potential stroke, and if the proper evaluation had been conducted before the surgery, procedures could have been used that would have prevented or reduced the possibility of a stroke. Pearlman said the client was taken off his anticoagulant medication before the surgery and was not properly put back on it after the surgery, putting him at a greater risk of having a stroke.

Pearlman said that the employers’ insurance company had disputed that the stroke was a catastrophic consequence of the shoulder surgery.

“I didn’t think that the stroke was just a mere coincidence and it just happened out of circumstance two weeks after having surgery,” Pearlman said. “We wanted to, and were able to, develop enough evidence and expert testimony to show that there was a relationship between the shoulder injury and the resulting surgery, and then the resulting stroke, which left my client with substantial brain damage.”

Pearlman said the client and his family were able to buy a modified van for transportation and make modifications to their home to accommodate his limited mobility as a result of the settlement, which was also used to pay off the client’s house and provide the family with financial stability since he could no longer work. “We were pleased to be able to put together the medical avenues to support our claim and to achieve a very, very good result under the Workers’ Compensation Act for my client,” Pearlman said.

The South Carolina workers’ compensation program allows injury workers to obtain much-needed compensation while they recover from their injuries. While the workers’ compensation program is designed to be quicker and easier than a traditional lawsuit, workers’ compensation claims are often contested by an employer or the employer’s insurance company.

The case serves as an important reminder of how the assistance of a skilled workers’ compensation attorney can impact the outcome of an injured worker’s claim.

The employee retained the services of Steinberg Law Firm’s veteran workers’ compensation attorney, David T. Pearlman, to assist in the preparation of his claim. Attorney Pearlman has been handling workers’ compensation claims on behalf of injured workers for the past four decades. He routinely speaks on workers’ safety and workers’ rights matters, and is regarded as an authority in workers’ compensation law, having won many high-profile cases in front of the state supreme court. Indeed, attorney David Pearlman’s dedication to his clients has been recognized by the organization “Best Lawyers” since 2005.

With attorney Pearlman’s help, the man was able to prove that the stroke was causally related to the underlying work injury, rendering him eligible for workers’ compensation benefits. After successfully engaging in the arbitration process, attorney Pearlman was able to recover $1.68 million in compensation for his client.

Have You Been Injured in a South Carolina Workplace Accident?

The skilled South Carolina workers’ compensation attorneys at Steinberg Law have over 170 years of combined legal experience handling workers’ compensation claims. As a result, we possess the knowledge and professionalism to handle your case from beginning to end, with the utmost care and consideration. If you have questions, our legal team has answers. Our mission is and always has been to provide the best possible legal services to our clients, to preserve the civil justice system and to give back to our community whenever we can. To learn more about how the attorneys at Steinberg Law can help you with your legal issues, call 843-720-2800 to schedule a free consultation today.

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