Injured Worker v. Hortica Mutual/SIBTF

Practice Area: SIBTFWorkers Compensation
Date: September 7th, 2023
Outcome: SIBTF award for 100% disability

The injured worker suffered a cumulative trauma injury  between 4/5/2010 and 10/1/2015 to her neck back and upper extremities resulted in a settlement by compromise and release for $65,000 against Hortica Mutual.  After settlement of the workers compensation claim in 2019, an SIBTF claim was filed.  The applicant had pre-existing injuries including macular degeneration, dysthymia, headaches, ganglion cysts, headaches, hypothyroidism, constipation, cardiac palpitations, and peripheral vascular disease.   After nearly 4 years of discovery and  litigation Silberman & Lam, LLP was able to secure an award of 100% disability against SIBTF  The applicant was entitled to back benefits of $146,307.97 and ongoing benefits of $828.02 per week  increasing each year with a COLA.  Based on an average life expectancy, this award has a value of approximately 1 Million dollars.