The injured worker suffered an industrial injury on 6/27/2013 to his right ankle/foot while working as a forklift operator at JCPenney. As a result of this injury and subsequent complications, he developed a sleep disorder, left leg pain, peripheral vascular disease, diabetes, hypertension and psychological symptoms. He filed for workers’ compensation, which led to a settlement by compromise and release amounting to $180,000.
After the settlement of his workers’ compensation case, Silberman & Lam, LLP initiated a claim with the Subsequent Injuries Benefits Trust Fund (SIBTF) on behalf of the injured worker. This action was taken because the injured worker had several preexisting medical conditions that contributed to his overall disability. Among the preexisting conditions were palpitations, diverticulitis, irritable bowel syndrome (IBS), gastroesophageal reflux disease (GERD), gallbladder issues, fatty liver, and chronic headaches. In addition, the worker suffered from bilateral temporomandibular joint (TMJ) disorder, rhinitis, sinusitis, acneiform skin lesions, eczema, prostatic hypertrophy, and an injury to his right elbow.
Through dedication to handling the paperwork, Silberman & Lam, LLP successfully obtained a 100% disability award against SIBTF. As a result, the client received retroactive benefits amounting to $128,104 and is entitled to weekly payments of $571, subject to annual increases in accordance with the Cost-of-Living Adjustment (COLA). Based on average life expectancy, the present value of this award is estimated at $600,000.
