Workers Compensation Death Claim Allowance-Amputation/Diabetes

by Dean Pavick on March 16, 2019

Our client had three fingers amputated on the job over 40 years ago when he was 18 years old. He returned to work but was later hospitalized for diabetes. We had the claim additionally allowed by the Industrial Commission for aggravation of a pre-existing diabetic condition. Years later our client became blind in one eye and we had the claim further allowed for diabetic retinopathy and obtained a total loss of vision award for one eye. Thereafter our client continued to develop diabetic and cardiovascular complications for which we eventually won a permanent total disability award in the 1990’s. In late 2012 our client was hospitalized on multiple occasions. We were able to establish, by legal/medical evidence, that the diabetic condition, aggravated by the injury, weakened our client’s entire body systems, resulted in diabetic keratosis which caused kidney failure and required dialysis; and, that our client contracted a severe infection from the dialysis catheter, which lead to cascading systemic failures, a subsequent bowel perforation  from a feeding tube(PEG tube) with infection and death in January 2013. The Industrial Commission allowed the death claim in May, 2015. The widow received over 2 years accrued death claim benefits and will receive death benefits for the rest of her life. The BWC also reimbursed the widow for funeral expenses.

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