Brandon Osterbind represented the claimant in a Workers’ Compensation case that resulted from a car accident while at work. Our client was driving down Route 221 in Forest when the sun blinded her eyes and caused her to rear end the car in front of her.
Our client was taken to Lynchburg General Hospital where she was treated for right hip fracture. She was also treated and ultimately had surgery on her right knee after her orthopedic doctor identified a MCL tear. All of these injuries were accepted as compensable injuries causally related to the October 28, 2014, motor vehicle collision.
Prior to this motor vehicle collision, our client suffered from reflex sympathetic dystrophy (RSD) in her left leg and in her right arm. After her knee surgery, her RSD doctor diagnosed her with RSD in her right leg as a result of the car accident. Our client filed a claim asking that the RSD in her right leg be included in her award order, the employer denied it, and this case was set for hearing.
On September 1, 2015, our client underwent a defense medical exam by an insurance company doctor who questioned the legitimacy of our client’s diagnosis and opined that she did not have RSD in her right leg. He opined that there is “[n]o objective evidence to substantiate the examinee’s subjective pain complaints regarding a persistent injury to the right leg were identified.” He also stated that our client’s ketamine treatments that she had been receiving were ineffective and questioned the medical necessity and reasonableness of that treatment. He further opined that because our client’s knee and hip injuries had resolved, she could return to work without restrictions.
Our client did not agree with the conclusions and believed that the accident caused the spread of RSD to her right leg. That notwithstanding, the parties agreed to utilize the Workers’ Compensation Mediation Program to attempt a full and final settlement of all of the outstanding issues in this case.
At the mediation, both sides voiced their opinions regarding the potential outcomes of this case were it to be litigated. After several hours of back and forth, the parties agreed to resolve the case for $224,400.00.
Once the case is settled, there are no other benefits that can be awarded from the workers’ compensation commission. Every settlement, however, must be approved by the Commission as being in the best interest of the employee. The Commission approved this settlement without any complications.
The Virginia State Bar requires that we give a disclaimer whenever we talk about case results. As we are sure you already know, the case result described above must be read in context with the unique facts of this particular case. Each case result depends upon a variety of factors unique to each case, which is why we describe those facts in detail. To be clear, this case result does not guarantee or predict a similar result in any future case undertaken by the lawyers at Osterbind Law, PLLC.
