The injured worker suffered a work-related injury due to cumulative trauma sustained over a period from 01/01/2000 to 01/06/ 2016, during his employment as an assembler at Dwyer Instruments. The injuries affected multiple areas, including the cervical spine, lumbar spine, both wrists, and both shoulders. As a result of these injuries, the worker filed a claim for workers compensation. This claim resulted in a settlement by compromise and release, with the worker receiving $210,000 on 07/21/2021.
Following the settlement of his workers’ compensation claim, the injured worker has suffered preexisting health conditions. These included difficulties with gait, recurring migraines, gastroesophageal reflux disease (GERD), constipation, asthma, allergic rhinitis, allergic dermatitis, melasma, insomnia, fatty liver, and pain in bilateral hands. Given the severity and variety of these preexisting conditions, Silberman & Lam, LLP filed a claim against the Subsequent Injury Benefits Trust Fund (SIBTF). This filing was specifically aimed at addressing the injured worker’s ongoing health challenges that existed prior to the work-related injury.
Through persistent efforts, Silberman & Lam, LLP successfully secured 100% disability award against SIBTF. As a result, the injured worker received $21,957.66 in back benefits along with ongoing weekly payments of $327.80, which increase each year with cost-of-living adjustments (COLA). Based on average life expectancy, the present value of this award is estimated at $500,000.
