The claimant was injured in a work accident September 29, 2000.
Counsel was hired after the original claim was denied by the workers' compensation carrier. Original hearing was held and claimant prevailed. Over the course of representation, the claim required three additional hearings. The claimant prevailed in all hearings and the carrier appealed each opinion to the full commission where the claimant prevailed. Ultimately the claimant was able to use up the full amount of his 500 weeks due to his original back injury. The claimant's authorized treating doctor eventually opined that the claimant had lost 40% of the function of both legs. A claim was made to have the claimant declared a permanent total after the expiration of his original 500 weeks. While that claim was pending, the parties went to mediation with Deputy Commissioner Hunter where the claim settled for a total amount of $400,000. As a result of that settlement, the client received $213,000 in a lump sum. The rest of the money was used to fund a Medicare Set Aside in the form of annuity. The Medicare Set Aside was funded in a form of $68,000 up front in cash, along with $9,875 on an annual basis for the remainder of the client’s life expectancy of 19 years. As a result of efforts of counsel for claimant, the claimant ultimately received ,in addition to the $400,000 settlement, a total of $211,709 in compensation benefits and $289,000 of past medical treatment. Those sums plus the additional $400,000 means the client received a total benefit package over the course of the claim of $900,000. Representation of the client lasted for just over 13 years. The client was declared social security disabled several years ago and will continue to receive his Social Security Disability benefits and continues to have Medicare and the Medicare Set Aside to cover his future medical needs.