By Woodruff Johnson & Palermo Injury Law Offices
Attorney Dexter Evans obtained a $215,000 workers’ compensation award for a 40 year old woman who suffered injury to her left shoulder due to repetitive lifting duties she performed as a janitor for a university. Dexter also successfully argued that while the client was recovering from surgery to her left shoulder, she sustained an “overuse” injury to the opposite (right) shoulder due to moving all activities to that shoulder. Her employer argued that neither injury was related to her work and that she failed to give timely notice of a work injury within 45 days of her accident as required by the Workers’ Compensation Act. Dexter demonstrated that the employer did receive timely notice of the injury by arguing that the correct accident date was not the day when she first began having symptoms, but rather the day she first received medical treatment.
The award encompassed all of the injured client’s lost time benefits and a permanency award. The pre-trial settlement offer was $32,568.69.