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Workers’ Compensation Case Summaries

An employee from Williamsport, PA working as a heavy equipment operator suffered a work injury which the employer and its insurance company formally described only as a left knee strain. Schemery Zicolello filed a Petition to Review Compensation Benefits to expand the description of injury to include the diagnosis of "anterior cruciate ligament tear along with the medial collateral ligament tear, a subchondral fracture of the posterior lateral tibial plateau and a chondral fracture of the medial facet of the patella." The employer and its insurance company responded by filing a Petition to Suspend Benefits arguing that work was available for the Client. The Client returned to work for one day but was incapable of continuing to work. The employer and its insurance company then stopped the payment of weekly wage loss benefits. Schemery Zicolello filed a Challenge Petition and was able to successfully have Claimant's benefits reinstated. The employer and insurance company continued in its efforts to end the payment of disability benefits to the Client by securing a Labor Market Survey which maintained that Client had an earning capacity, and that work was generally available in the community. While the case was actively being litigated, Schemery Zicolello ultimately negotiated a lump sum settlement of $115,000 via a Compromise and Release. Including the settlement, the injured worker received $216,401 combined in wage loss and medical benefits for his work injury.

An employee with severe arthritis believed that her repetitive work duties had caused her to be disabled from work due to severe arthritis in both hands. After several rounds of litigation with the employer disputing the repetitive and physically demanding work that the Claimant had been performing for the employer for the last fifteen years, and medical testimony from an insurance company doctor indicating that the work duties had no impact on the arthritic degeneration in her hands, the employer offered to settle the case for $140,000.

A retired man was hired to drive trucks over the road for an employer. He suffered a low back and hip injury while in Kansas on his first trip. The employer denied it had hired the injured employee and contended that he was an independent contractor, an argument that would have made him ineligible for workers compensation benefits if it had succeeded. Through litigation, a settlement was reached that covered all of the employee's medical expenses and replaced the earnings and future earnings he had lost due to the work injury.

A corrections officer injured his back at work, and the state tried to terminate his benefits on the basis of an insurance company's doctor' opinion of full recovery. Through simultaneous litigation before the Pennsylvania Workers Compensation Office and the Pennsylvania Department of Corrections, the officer settled his case for over $200,000 plus medical benefits and was able to keep his full retirement and pension benefits./

Represented gas industry worker who fell on ice in the winter in the evening at a well site on State Park land in Clinton County, PA. suffering a compound ankle fracture requiring internal fixation with screws in a Workers Compensation Claim which was eventually resolved for a lump sum payment of $300,000. Also represented client in a negligence claim against the operators of the well site in a case settled for $300,000, bringing the total compensation paid on the claim to $600,000.

Client who was widowed as a result of her husband's fatal work-related accident. A claim for widow benefits was filed and negotiated a lump sum settlement of $553,000.