Holland & Usry, P.A. - November 2022

‘IT AIN’T OVER TILL IT’S OVER’ A Workers’ Comp Settlement Exceeds the Award

Good News In the words of baseball, “It ain’t over till it’s over.” At the end of a long, hard-fought case in which the insurance company ignored its responsibility, we helped our client, Phil, achieve a settlement for more money than the comp commissioner gave at the hearing. While working for an auto parts deliverer in Jonesville, South Carolina, he delivered a 50–100-pound item to a body shop in Lexington, SC. Part of the transport required him to carry it himself about 20 feet. Thirty minutes later, while driving home, he experienced a sharp pain in his shoulder. He pushed through the pain and continued to work, but once in agony, he filed for workers’ compensation. Unfortunately, the insurance company denied the claim. Phil was eventually diagnosed with a serious nerve injury that kept him out of work for over a year — a desperate situation for most working folks. Still, neither his employer nor the insurance company offered to help. Bewildered, he and his wife sought assistance from us. Phil’s injury caused some head-scratching among even medical professionals. The first specialist he saw was an orthopedist who evaluated him for a rotator cuff tear. The orthopedist ruled that out but realized Phil might have nerve damage, so he wisely referred him to a nerve specialist, a neurologist. I met personally with both his orthopedist and the nerve specialist so we could explore Phil’s injury and present the truth to the insurance company. The neurologist gave a clear diagnosis that Phil’s pain was

caused by work and resulted in a brachial plexus injury, which required him to be out of work. When presented with undisputed medical evidence that Phil got hurt on the job, the insurance company still refused to accept the claim. But, after a two-year fight, the insurance company finally took ownership. The commissioner awarded Phil back-owed temporary disability income totaling $23,819.33 and a permanent disability award of 40% to the left arm, totaling $36,961.76. Then, the insurance company decided to try settling for more than the award and offered about another $10,000, resulting in a total settlement of $83,500.00, of which Phil repaid his health insurance $13,340.60. We are so glad we got to help Phil, and while he was able to rely on his military pension and health insurance to avoid financial devastation, that’s not the case for everyone. That’s why it’s so important for any injured worker to seek professional legal help at the first sign of stonewalling or denial by the workers’ compensation insurance company to do right by you when you get hurt at work!

Past outcomes don’t guarantee future results. Every case is different, and all cases depend on unique facts and laws.

Apple Cranberry Crisp

“Kindness and faithful love pursue me every day

Inspired by TasteOfHome.com

of my life.” –Psalm 23:6

Ingredients

• 3 cups peeled and chopped tart apples • 1 1/2 cups cranberries • 3/4 cup packed brown sugar, divided

• 1 tbsp lemon juice • 1/2 tsp ground cinnamon • 1/2 cup all-purpose flour • 1/3 cup butter, cold • Vanilla ice cream (optional)

“The son of man came not to be served but to serve others and to give his life as a ransom for many.” –Matthew 20:28

Directions 1. Preheat oven to 375 F. 2. In a large bowl, combine apples, cranberries, 1/4 cup brown sugar, lemon juice, and cinnamon. 3. Grease an 8-inch baking dish and pour the mixture into it. 4. In a small bowl, mix flour and the remaining brown sugar. Cut in cold butter until the mixture is crumbly. Sprinkle this over the fruit. 5. Bake uncovered for 25–30 minutes or until the topping is golden brown and the filling is bubbly. If desired, serve with vanilla ice cream and enjoy!

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