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Many workers’ compensation appeals and reconsiderations lead to personal victories for individual workers. When attorneys help injured professionals pursue the benefits they deserve, workers can offset the financial impact their job-acquired medical conditions have generated. Other times, rulings can impact future claims, appeals and reconsiderations.
Johnson Law Firm recently appealed a workers’ compensation decision on behalf of a client. Not only did our firm eventually secure a final award that was more than a million dollars higher than the best settlement offer previously made, but the final ruling in the case could have a positive impact on future workers’ compensation claims across California.
Unfair disability ratings limit benefits
In this case, the client in need of workers’ compensation benefits was an ironworker with more than two decades of arduous physical labor in his employment history.
Comprehensive evaluations performed by three qualified medical evaluators (QMEs) found that his extensive list of impairments were 100% related to his employment and significantly reduced his ability to maintain gainful employment.
However, the arbitrator reviewing the claim and determining his disability level decided to deny his total disability request and alleged a 94% permanent partial disability, with the worker being eligible for Vocational Rehabilitation services.
Our firm pursued a reconsideration from the Workers’ Compensation Appeals Board. After a review of medical documentation and submissions from the arbitrator, as well as from our firm, the appeals board upgraded the client’s disability rating to 100%.
Previous settlement offers included $375,000 and $750,000 in lump-sum benefits. The final amount granted based on the 100% disability rating was $1,839,868. This ruling is not only a win for the client who sustained life-altering medical complications due to the physical demands of his employment but also for other professionals with severe physical and psychological disabilities triggered by arduous employment obligations or work injuries.
This ruling potentially overturns a previous precedent and clarifies the interpretation of a key workers’ compensation statute, California Labor Code § 4660.1. This ruling requires that disability determinations proceed “according to the fact,” allowing for the consideration of psychiatric and sleep preclusion as relevant details for determining disability level.
Pursuing permanent disability benefits is a challenging process, and California employees often need guidance to ensure they receive the maximum amount of compensation available. Johnson Law Firm has the experience needed to manage even the most complicated workers’ compensation claims, appeals and reconsiderations for California professionals.