Work Comp – JC v. OM Contracting (2021)
Our client desperately needed back surgery which his prior attorney, who was letting his paralegal run the case, did not obtain. Our client’s prior attorney advised that surgery would never be approved based on a utilization review denial and that the client should settle for $75,000. We took over the case and went to trial and showed that the utilization review denial was defective in many respects. The court agreed the spine surgery was ordered. After the surgery the issue for the value of the case became the ability to compete in the open labor market. The defense expert opined in his written report that our client could compete, but when we took his deposition and cross-examined him under oath he admitted that he had not reviewed the key deposition of the pain management doctor. He admitted that if he took that deposition into consideration our position was correct. The insurance carrier was still recalcitrant about paying anymore than $250,000, but two weeks before trial agreed to pay $775,000 to settle the matter in full.