THAT’S A WORKERS’ COMPENSATION CASE????

security-guards12Client Joe took the doctor’s note to his job, and was told by his employer that they could not allow him back to work with his doctor imposed restrictions, shortly thereafter was terminated. Our client contacted a Los Angeles labor lawyer to investigate a case of discrimination based upon epileptic condition. Fortunately, the labor lawyer he contacted had the foresight to identify that the injuries he sustained to his head and knee might possibly be considered an on the job injury, and referred the client to our office for further investigation.

Our Los Angeles, workers’ compensation firm, Roland, Pennington & Trodden, located in Los Angeles, is comprised of three attorneys.  Together, counting all the years of each attorney’s practice of the law, we have over 100 years of combined lawyer experience. With this amount of experience, Roland, Pennington & Trodden has a wealth of knowledge of even the most obscure workers’ compensation laws. We accepted the case, and filed a workers’ compensation claim with his employer’s workers’ compensation insurance carrier.

Not surprisingly, the workers’ compensation insurance carrier promptly denied any liability for Client Joe’s injury, claiming that it was caused exclusively by a condition that was unrelated to this employment-his pre-existing epilepsy. We wrote a letter to the insurance company, advising that under a 60 year old Supreme Court of California case, Employers Mutual Disability Insurance Company v. I.A.C. (Gideon), they were liable for our client’s physical injuries, even though the cause of our client’s fall was because of a seizure, even though the seizure was not caused by his job. (In that case, an employee had an idiopathic seizure which caused him to fall to the ground and hit his head on a cement floor).    While the seizure was not caused by the job, the injuries and the disabilities sustained were caused by striking his head on the cement floor in a work area provided by the defendant.

The insurance company then hired a defense attorney to represent them, and keep the claim denied. While the insurance company’s investigation was ongoing, we were able to obtain medical treatment for our client to help cure and relieve him from his head and knee symptoms.  We were able to discuss Client Joe’s case with the insurance company defense attorney, and provided him the legal citation for the case to maintain our position that the insurance company was indeed responsible for our client’s injuries

After deliberation, the defense attorney conceded that his client, the worker’s compensation insurance company, was responsible based upon the case to which we referred. He recommended the insurance company accept the claim. They did!  Not only were we able to get our client the medical treatment he required and deserved, and get the medical providers paid for their services by the workers’ compensation insurance company, we were able to obtain a just and fair monetary settlement after Client Joe was discharged by his doctors.

The story to be learned here is that you never quite know when or what constitutes a workers’ compensation claim. It is important to call experienced and reputable Los Angeles workers’ compensation attorneys like those at Roland, Pennington & Trodden to get a free consultation on what right you might have under the California Workers’ Compensation laws.

 

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