Injured Worker v. Department of Developmental Services, SIBTF

Practice Area: SIBTFWorkers Compensation
Date: November 5th, 2024
Outcome: SIBTF award for 100% disability (Estimated value in excess of $750,000)

A psych tech assistant sustained a work-related injury on 1/15/2015 to her cervical spine, bilateral shoulder, and lumbar spine while working at the Department of Development Services. The injured worker filed a total of 8 claims, which resulted in a settlement by joint compromise and was released for $100,000 on 1/18/2018.
After the settlement of her workers compensation, she then went to another attorney who handles SIBTF, unfortunately, his prior attorney was not able to make a headway with her SIBTF claim. Later, the injured worker was then referred to Silberman & Lam, LLP to litigate the subsequent injury benefits trust fund claim (SIBTF) due to the injured worker’s preexisting health conditions, including GAF, GERD, diabetes, hypertension, bladder disease, cervicogenic headache, and an issue with her bilateral wrist/hand.
After a couple of hearings, Silberman & Lam, LLP successfully secured an award of 100% disability against SIBTF on 11/5/2024. As a result, the injured worker was entitled to back benefits of $75,320,88 and ongoing weekly benefits of $610.49 increasing annually plus cost-of-living adjustments. Based on the average life expectancy, the award has an estimated present value over $750,000.