Our client suffered a severe work injury to his low back, which required two surgeries. He had difficulty walking and bending over and had severe pain when he tried to sleep.
Although the employer acknowledged a work injury, it paid compensation at a lower rate than our client was entitled to receive.
Our client had two jobs at the time of injury, so the average weekly wage should have been based on both wages, not just the wages at the place of business where our client was injured. Also, the employer filed a petition alleging our client could perform light duty work and denied that client’s upper back pain was due to the injury.
We filed petitions correcting the employer’s allegations, and presented three medical experts and a vocational expert in support of our claims.
The parties mediated the matter and an award of $194,500 was made to our client, plus ongoing payment of all medical bills. This is in addition to the award of Social Security Disability that our client received.