WORKERS’ COMP RESULTS

Worker successfully recovers on workers’ compensation and personal injury claims from a bad fall.

Client severely injured his shoulder when he fell on greasy stairs while he was delivering uniforms to a business as part of his job duties. Ben Lavoie represented him on both his workers’ compensation claim and a personal injury claim against the business for negligently failing to warn him about the slippery stairs. The worker’s compensation claim was settled and, by also negotiating, with the client’s authorization, to represent the employer for its claim for reimbursement against the business for workers’ compensation benefits it paid, Mr. Lavoie was able to significantly increase his client net recovery from the claims. In total, the client collected over $160,000.

Worker going home after work in company vehicle makes new law.

Our client, a union carpet layer, was driving home after work in a van owned by his company when broadsided by a dump truck that blew a stop sign. Despite knowing that well-settled Minnesota law precluded workers’ compensation coverage for employees commuting to and from home, Jim Lindell agreed to take the case, arguing to the workers’ compensation arbitrator that the fully equipped van belonging to the employer constituted a “workshop on wheels” and its entrustment to our client was tantamount to our client still being on duty to the employer. The arbitrator ruled against our client, but Jim appealed it successfully to the Workers’ Compensation Court of Appeals, which agreed with Jim’s analysis and ruled that workers’ compensation coverage extended to our client’s fact situation. The insurance company appealed the decision to the Minnesota Supreme Court which affirmed the Court of Appeals, and our client received full benefits for his injuries.

Worker’s lung condition linked to auto body job.

Client worked at an auto body repair shop detailing cars. While working there she developed a persistent cough that would not go away. After a particularly terrible coughing fit landed her in the hospital, she was diagnosed with a rare but dangerous lung condition that disabled her from that work. She believed her work activities were the cause of lung condition, but her workers’ compensation claim was denied. After her medical bills threatened to bankrupt her and her husband, she retained Lindell & Lavoie to pursue her claim. Represented by Ben Lavoie. Result – $175,000 plus Medical Benefits left open.

Employers promises fall short, workers’ compensation benefits obtained.

Client fell from ladder while painting employer’s shed. Employer promised to take care of client, but stopped paying for medical bills and wages after injuries proved to be disabling. Employer never opened a workers’ compensation claim, but Employee represented by Ben Lavoie commenced claim over a year later and established liability. Settled for $245,000 plus Medical Benefits left open.

Drunken Patron falls and injures bartender.

Client was bartending at small town bar in Central Minnesota when a drunken patron fell over, striking client’s lower leg and causing her a serious knee injury. Her injury resulted in lost wages and she underwent multiple knee surgeries. She was represented by Ben Lavoie for both her workers’ compensation claim and negligence claim.Total recovery $135,000 ($15k for WC and $120k for Negligence claim).

Injured carpet layer wins workers’ compensation claim on appeal and secures large personal injury settlement to boot.

Our client, a union floor coverer, was seriously injured in a car crash while driving home after work. Though our client was driving a company vehicle, the workers’ compensation insurer denied benefits claiming our client was merely commuting to his home at the end of his shift, a well-known defense that normally would take the case out of the scope of workers’ compensation. We argued that the general rule of commuting did not apply since our client was transporting the company’s tools and material to and from the work site, essentially using the company truck as a “shop on wheels”. An arbitrator ruled against us and we appealed. In a significant expansion of law favoring commuters who were nevertheless still in the service of their employer, the workers’ compensation Court of Appeals reversed the arbitrator and awarded all benefits claimed by our client. The decision was sustained at the Supreme Court. Represented by Jim Lindell. The workers’ compensation recovery totaled over $165,000 and the third party claim against the negligent driver responsible for the crash settled in mediation for $935,000.

Intoxicated worker recovers workers’ compensation benefits when alcohol shown to be no factor in injury.

Our client, a carpenter, fell from a roof of a house under construction and suffered severe injuries. When transported to a nearby hospital, he was found to have a blood alcohol content of 0.3 at the time of his examination. After a thorough investigation, including interviews of the client’s co-workers, we agreed to take the case despite the highly prejudicial evidence of intoxication, for we felt the client’s high blood alcohol content played no role in his fall from the house. A workers’ compensation judge thought otherwise and ruled against us, denying all benefits on the grounds that the employee was obviously intoxicated. Upon appeal, we argued that the employee fell from the house due to the negligent placement of a wooden brace by the client’s co-worker, and that his consumption of alcohol played no role in his injury. Represented by Jim Lindell. The Court of Appeals agreed and reversed the compensation judge, awarding all benefits claimed. The decision was sustained by the Supreme Court. The client remains on lifetime permanent and total disability benefits.

Injured worker wins four year college retraining program.

Client was an employee of the Northern Minnesota Portable Sawmill. Client’s clothing became entangled in the drive-train of the large saw and his body was pulled through the saw, mangling both arms and inflicting nerve damage. Client was substantially physical disabled upon his discharge from medical care. With the help of a vocational rehabilitation expert, we claimed and won a four year college degree program in accounting at UMD. Represented by Jim Lindell. The degree program, together with accompanying total temporary disability benefits, came to approximately $300,000. Client is happily employed as an accountant in the Duluth area today.

Lindell & Lavoie, LLP

2420 Centre Village
431 South Seventh Street
Minneapolis, MN 55415-1801

Toll Free: 888-339-8811
Phone: 612-339-8811
Fax: 612-349-6806

2018-01-14T20:22:45+00:00