Posted by Gary Burger on March 11, 2019
Our client Sandi was a long time manager of Circle K stores in our area. On Pearl Harbor Day 2016 she visited a store when she slipped and fell.
An employee had mopped the area but did not use a degreaser – instead made it the floor more slick. In the fall, Sandi injured both her shoulders, right knee and neck.
Physicians chosen by Circle K’s workers’ compensation insurance carrier provided all her medical treatment.
Sandi had 5 surgeries, including elbow and shoulder surgeries right away, and later another knee surgery, a hip surgery and neck surgery. She had humeral fractures in one shoulder and torn rotator cuffs in both.
She had a meniscus knee problem and needed a tendon repair in her hip. She later even developed some carpal tunnel symptoms in her hands.
All her doctors believed she had reached maximum medical improvement. We proved in the medical records that all the medical treatment and surgeries were caused by the fall.
The work comp insurer paid $263,936 in medical expenses and $39,648 in temporary total disability payments.
We generally demanded 35% disability at 5 levels (both shoulders, right knee and elbow and hip), 35% body as a whole and 15 weeks of disfigurement. Our total demand was $249,906. We were obviously pleased to settle the claim near there at $232,000. We stuck to our valuation of the claim.
Here’s the image of body parts under Missouri’s work comp system: for a good link of the Missouri Department of Labor on settling work comp claims, click here.
Our client is pleased with our work – it was a long and hard fought case. She now gets to move on with her life with strong financial cushion.
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