Recently, Attorney Malcolm Crosland prevailed in a unique workers’ compensation case resulting in a six figure recovery for our client who was made totally disabled by an on the job accident.
Back in 2010, our client injured his back on the job while installing a freezer. After much treatment, it was determined our client would need back surgery; however, because of a pre-existing heart condition, it was not recommended he undergo the risk of surgery.
Prior to the court hearing to determine if our client was totally disabled, the insurance company conducted a job search to try and show that there were almost 20 jobs Crosland’s client could perform so he couldn’t possibly be totally disabled.
The insurance company never took into consideration the pain medications our client was taking and how the side effects of the medication would affect his ability to perform the jobs they said he could do. They also never told the employers the whole truth about his physical limitations and restrictions.
Mr. Crosland aggressively worked on a plan to prove his client’s permanent work limitations by having him actually go out and apply for all 20 jobs they said he could perform. Ironically, or maybe not so ironically, none of those potential employers called the client back after he submitted applications. This proved to be important evidence the court considered when they found him totally disabled.
Once Mr. Crosland won the case for his client, the insurance company didn’t give up. They tried to reopen the case and present photos alleging the client was working. Mr. Crosland found witnesses to testify that our client was not working and that the insurance company’s witnesses were wrong.
It is not uncommon for the insurance company and employer to try to submit evidence even after a case is won. Mr. Crosland knew this and was prepared to fight for his client. This case is a reminder that if your lawyer asks you to apply for jobs the insurance company says you can perform…do it! The employer’s response, or lack of response, may be the best evidence in your case!
In the end, the insurance company paid the award given to our client proving that having an experienced and hardworking attorney on your side really does pay off.
Verdict and settlement information presented on this website reflect gross numbers, before attorney's fees, costs, and expenses are deducted. Any result the lawyer or law firm may have achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.