Injured Worker v. Metropolitan State Hospital, SIBTF

Practice Area: SIBTFWorkers Compensation
Date: April 29th, 2024
Outcome: SIBTF award for 100% disability (Estimated value in excess of $500,000)

The injured worker sustained an industrial injury on 9/8/1997, affecting his cervical spine, skull/head, psychological health, teeth, bilateral eyes, left shoulder, brain, and sleep, while working as a psychiatric technician at Metropolitan State Hospital. This injury was settled by stipulation at 90% permanent disability. Prior to this injury, the worker suffered additional injuries on 1/24/2014, 6/28/2015, 5/17/2016, 8/19/2016, and October 22, 2016, which affected his face, psychological health, teeth, right knee, right elbow, abdomen/groin, and left upper leg. These injuries were settled through a joint Stipulation & Award at 27% permanent disability, handled by a different attorney.

Following his workers compensation settlement from a different firm, the injured worker went Silberman & Lam, LLP to file a Subsequent Injuries Benefits Trust Fund (SIBTF) claim due to preexisting conditions, including hypertension, arm/wrist surgery, headaches, and urination issues.

On 4/29/2024, Silberman & Lam, LLP secured a 100% disability award from the SIBTF. The applicant was awarded back benefits totaling $95,760, along with ongoing weekly benefits of $651.83, subject to annual cost-of-living adjustments (COLA). Based on the average life expectancy, the present value of the award is estimated at $500,000.