Attorney Malcolm Crosland recently won a complicated appeal, in which he helped prove a deceased tour bus driver deserved workers’ compensation benefits. He also proved that the benefits should go to his common law wife, despite a wrongful denial from the driver’s employer.
This particular case was complicated for many reasons. For one thing, the deceased driver was killed in a collision on I-26. Despite thorough review, a medical examiner found it difficult to determine the true cause of death: an aneurysm or multiple blunt force traumas sustained on impact.
The law firm representing the driver’s employer sought to prove that the aneurysm caused the driver to run off the road. They maintained the accident was therefore not work-related.
However, Crosland cited case law that proved that even if the aneurysm was the triggering event, the medical condition was caused by his work. Had the driver been sitting at a desk at the time of the aneurysm, his chances of survival would have been much higher.
Further complicating the case was the client’s marital status. The appellants claimed that workers’ comp benefits could not go to the driver’s surviving wife, because through much of that relationship, he was legally married to another woman.
However, our attorney proved otherwise. Again citing case law in numerous jurisdictions, he proved that the wife truly believed herself to be a legally bound spouse. She and the deceased had presented themselves as married in public, for many years. Because she, and the community, believed the marriage was legal, the courts were bound to agree.
Our attorneys appeal case decisions frequently. Many clients come to them because we have a reputation for digging deeply, and working tirelessly to help achieve justice.
If you believe you have a case – even if you’ve already been denied benefits – call the Steinberg Law Firm to speak to an experienced workers’ compensation attorney right away.