Injured Worker v. Atlas Copco North America, SIBTF

Practice Area: SIBTFWorkers Compensation
Date: January 16th, 2024
Outcome: SIBTF award for 100% disability (Estimated value in excess of $2,000,000.00)

The injured worker suffered a workplace injury affecting his cervical spine, thoracic spine, lumbar spine, right shoulder, left ulnar nerve, and developed a sleep disorder while working for Atlas Copco North America. This resulted in a settlement by compromise and release for $148,077.54 on 12/12/2016.

Following the workers’ compensation settlement, Silberman & Lam filed a SIBTF claim. The applicant had pre-existing conditions including a left ankle issue, TMJ syndrome, chronic headaches, hypertension, diabetes, hypothyroidism, low testosterone, fatty liver, GERD, chronic CRPS, and a hernia.

After years of litigation, Silberman & Lam, LLP successfully secured an award of 100% disability for the injured worker from SIBTF. The injured worker was entitled to $280,846.88 in back benefits and ongoing weekly benefits of $1190.19, increasing annually with a cost-of-living adjustment (COLA).

Based on average life expectancy, the award has an estimated present value of $2,000,000.00.