The Plaintiff, a 43 year-old sous chef, suffered a knee derangement when he slipped and fell on flour that had been spilled by a truck driver who ripped one of the bags in a shipment that he was delivering to the plaintiff’s employer.
The injured worker underwent a left knee surgery to address his injuries. He then attempted to return to work, but was unsuccessful. He returned to his orthopedic surgeon who performed another surgery to address his knee injury.
The workers’ compensation insurer paid weekly workers’ compensation benefits as well as medical benefits. It also provided him with the services of a vocational counselor who attempted to find alternative employment for the Plaintiff who became depressed over the effects of his injury upon him.
The workers’ compensation claim was settled after an impartial physician indicated that the injured worker had some capacity to work. The case against the company making the delivery of the flour that was spilled was filed in Middlesex Superior Court.
After the completion of extensive discovery, the Plaintiff and Defendant agreed to mediate the Plaintiff’s third-party case. The case was resolved when the workers’ compensation insurance company agreed to reduce its lien by $ 100,000.00 in order to facilitate settlement, which was subsequently approved by an Associate Justice of the Superior Court.
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