Change In Workers Comp Benefits

One of my prior workers comp clients has the unlucky distinction of being a test case on the proper interpretation of our workers comp statute. He had a serious back injury and surgery which we settled for a 3-times multiplier over 5 years ago, because he could not return to his former job as a truck driver who had to stock cases of soft drinks in retail businesses.

After about 5 years, his employer got a copy of his wage records and found that in two quarters his earnings equaled or exceeded what he had previously made.

The Company reopened the case and despite my efforts the workers comp judge reduced his benefits, which were being paid out over the 425 week benefit period. I appealed and won the case in front of the Workers Comp Board, but the Company has appealed and the case is now before the Court of Appeals!

This goes to show how long, laborious, slow and frustrating the legal process can be. All the while my client, the injured worker with plates and rods in his low back, has been deprived of the benefits we established years ago, all because he had the determination to work hard and finally get his wages back to what he was making before he got injured!!

This case is an example of how I and other workers comp lawyers in our firm stick behind our clients. There is no provision under the law for payment of legal fees for this kind of dispute, so I am essentially providing the services for free out of a commitment to see justice done for a guy who never did anything other than work a tough job and give up the health of his back as a consequence.