Facts/Liability: On October 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 $750.00 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: 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