Workers Compensation/Personal Injury Case-Policy Limits

by Dean Pavick on June 12, 2019

Our 63 year old client, while at work, was driving a shuttle bus which was struck by a car driven by a teenager. The defendant driver was cited by the police for causing the motor vehicle accident. Our client sustained injuries to his neck, shoulders and upper back. The injured worker underwent left shoulder surgery for a torn rotator cuff and also received conservative medical care for his other soft tissue injuries. He was released to return to work with restrictions and returned to work with the same employer earning the same wages as prior to the auto accident. We claimed damages for permanent disability as well as impairment in earning capacity. The defendant-parents’ insurance company claimed that our client had pre-existing degenerative conditions in his shoulders as well as previous injuries to the same parts of the body. The personal injury case was ultimately settled for the insurance policy limits of $100,000. The BWC compromised on its subrogation lien. We obtained a permanent disability award with the Industrial Commission and our client’s Ohio workers’ compensation claim remains open for payment of treatments and benefits with the Bureau of Workers Compensation(BWC).

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