Partial Settlement Of Ohio PTD Workers Compensation Claim

by Dean Pavick on December 15, 2014

Our client injured her low back at work in 1998. She thereafter underwent surgery for an L4-5 herniated disc and spinal stenosis.The injured worker eventually became extremely depressed due to failure of the low back surgery to improve her condition.EMG and NCT tests revealed nerve damage affecting her legs.Her orthopaedic surgeon referred her to a pain management clinic.We filed a motion for additional allowance of the psychological condition which was granted by the Akron Industrial Commission.Thereafter, we obtained a 44% permanent partial disability award and then filed for permanent total disability(PTD) which was awarded by the ICO in 2002. The injured worker subsequently suffered a stroke and was also diagnosed with chronic obstructive pulmonary disease(COPD)due to cigarette smoking.

Being  69 years old with a shortened life expectancy and concern for her family’s future,the injured worker wanted to settle her Ohio workers compensation claim as PTD compensation would be terminated upon her death.However, as our client was a medicare recipient and still under active medical care for her work injuries, we negotiated a settlement of only the compensation(indemnity) portion of her claim with the self-insured employer in the amount of $167,000.Her claim remains open for payment of medical treatments.

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Pavick & Pavick L.P.A. have been helping injured people since 1950 serving – Northeast Ohio (AkronClevelandCantonYoungstown,Lorain, and Toledo)

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