Facts/Liability: on 10/17/1995 49 female heavy equipment worker operating paving roller on job site when almost hit by dump truck. Client suffered “whiplash” type injuries trying to avoid a collision, but no impact of vehicles. Carrier initially accepted workers comp claim and paid client $750 weekly comp. Multiple treating doctors said non-surgically correctable damage (aggravation of pre-existing arthritis) to cervical spine. Multiple IME’s said no injury.
Eleven (11) DOL/CAB decisions kept the claimant on full disability benefits from 1995-2017. After paying over $800,000 in disability benefits for 22 years, and over $30,000 in claimant counsel’s fees for successful defense at hearings over those 22 years, carrier finally agreed to pay another $380,000 in lump sum award and an additional $40,000 permanent impairment award.
Points of Interest (if any): Longest running case Attorney Seufert ever fought.
Plaintiff’s Counsel – Christopher J. Seufert, Esquire, Seufert Law Offices, P.A.
Insurance Carrier – Liberty Mutual
Name of Case/County: Ayotte -v- Kokosing Construction
Date of Injury: 10/17/95
Settled: October 2017