The plaintiff was a warehouseman who injured his low back while lifting cases of wine. He underwent 2 lumbar surgeries, including a fusion. The insurer paid him Section 34 total disability benefits at the rate of $ 545.91, and, after 3 years paid partial disability of $ 445.88.
A claim for Section 34A benefits was filed. The case proceeded through litigation, during which the parties attempted to negotiate a settlement of the employee’s claim. The insurer offered the employee $ 200,000 to settle his claim prior to the start of hearing. The injured worker was advised to reject the offer by his workers’ comp attorney.
The case settled for $ 250,000 after lay testimony was taken, and before the doctors involved in the case were deposed.
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