Choosing The Right Attorney Is So Important
A client came to see me who had been denied workers’ compensation benefits. He consulted another attorney (who actually worked for his union) who told him he did not have a case because he fell at work after he reported being dizzy from low blood pressure.
After I reviewed the file and witness statements it seemed clear that while the client may have felt dizzy from low blood pressure, when he fell backwards he struck his head on a piece of furniture. This is what caused him to develop a brain bleed which ultimately required him to have brain surgery (craniotomy) to relieve the pressure.
I filed a claim for worker’s compensation and a judge ordered the insurance company to pay the client temporary total disability benefits. We Don’t Take ‘No’ For An Answer.
The legal argument pointed out the injury was due to an instrumentality of the employer, i.e. the piece of furniture. This concept is also known as the “level floor exception”.
Result: Award of total disability benefits