How We Secured Lifetime Benefits for an Injured Driver WHEN WORKERS’ COMP SAYS NO
Many people assume a South Carolina workers’ compensation insurance carrier will do the right thing after a serious workplace injury. Unfortunately, that is rarely the case, as one Spartanburg client learned through painful experience. Our client was working as a FedEx delivery driver when her vehicle was rear-ended on the driver’s side while making a left turn on U.S. Highway 221 in Spartanburg County by a drunk, speeding driver fleeing police. The crash caused serious spinal injuries, including a severe neck injury that required surgery to remove a herniated disc and fuse part of her cervical spine with a metal plate and screws, as well as a disc injury to her lower back that left her with lasting pain and limitations. The legal case was especially complicated because it involved a workers’ compensation claim and a third-party lawsuit. In addition to pursuing benefits through workers’ compensation, we filed a claim
against the drunk driver to seek additional compensation, including recovery under an underinsured motorist (UIM) coverage. The neurosurgeon assigned permanent impairment ratings of 80% to her cervical spine and 26% to her lumbar spine, but the insurer still denied prescribed chronic pain treatment. Rob challenged the denial and requested a hearing before a Workers’ Compensation Commissioner. At the hearing, the insurer claimed it no longer owed treatment because the client had reached maximum medical improvement. Rob pointed to South Carolina law allowing continued care when it improves quality of life and pain management, and the Commissioner agreed, ordering the insurer to provide the treatment and pay the hearing costs. Ultimately, we argued that our client met the legal definition of permanent and total disability. She had lost more than 50% use of her back and suffered injuries to her shoulder and left leg, along with depression and the need for long-term
pain management. The insurer continued to dispute the claim, forcing the matter to a final hearing. Rob presented testimony and evidence, including a comprehensive evaluation from a vocational expert who reviewed the client’s medical records and concluded she was no longer capable of maintaining employment due to her injuries. After considering all the evidence, the Commissioner ruled in our client’s favor, finding her permanently and totally disabled. As a result, she was awarded lifetime medical care related to the accident and the maximum disability benefits available under South Carolina law, 500 weeks of compensation, valued at $158,301.13 at the time of the ruling.
*Past outcomes don’t guarantee future results. Every case is different, and all cases depend on unique facts and laws.
Zucchini Noodle Pad Thai
Directions 1. In small bowl, combine sauce ingredients; set aside. 2. Using vegetable spiralizer, cut zucchini into noodles. 3. Heat large pan on medium-high heat. Add 1 tbsp olive oil (reserve the other half). 4. Add zucchini noodles; cook for 2–3 minutes. 5. Let noodles rest for about 3 minutes. Remove noodles, drain, then reheat pan. 6. Add remaining olive oil and garlic; cook 30 seconds. 7. Add shrimp; cook 3 minutes. 8. Add bell peppers and green onions; cook 1–2 minutes. 9. Add egg and stir until cooked. 10.Add back zucchini noodles, then add sauce, and cook for 1 minute. Then add bean sprouts. 11.Serve, garnishing with roasted peanuts, cilantro, and lime wedges as desired.
“Let us not become weary in doing good, for at the proper time we will reap a harvest if we do not give up.” –Galatians 6:9 “Let your light shine before others, that they may see your good deeds and glorify your Father in heaven.” –Matthew 5:16 Good News
Ingredients
Pad Thai • 2 medium zucchini • 2 tbsp olive oil, divided • 1/2 lb peeled and deveined shrimp • 3 cloves garlic, minced • 1/2 red bell pepper • 3 green onions • 1 large egg • 2 cups bean sprouts • 1/3 cup roasted peanuts • 1/4 cup chopped cilantro (optional) • Lime wedges (optional) Sauce
• 2 tbsp rice vinegar • 2 tbsp fish sauce • 3 tbsp ketchup
• 1 tsp packed brown sugar • 1/2 tsp cayenne pepper • 1 tsp chili garlic sauce
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