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Workers’ Compensation Victory Up to $216,000 in Wage Reimbursement

4 Apr 2021

Hannah Bowie represented a claimant in a denied workers’ compensation case which resulted in up to $216,000 of wage loss benefits for our client who injured himself while at work.

Our client installed roofing paper on a house in Roanoke and did not receive any safety instructions or equipment. He was a carpentry assistant, not a roofer; he only went per his employer’s request. After ascending the ladder and installing half the roofing paper, he lost balance and fell, sustaining multiple injuries including a broken back.

The employer, however, testified that all employees are provided safety instructions and equipment at all job sites. Hannah hired a private investigator to document safety equipment used by the roofing company. She believe our client and rejected the Employer’s story. The private investigator took several pictures confirming the claim that no employees used safety harnesses while working on a roof.

After weighing the both testimonies and all evidence, the Deputy Commissioner found that the Claimant’s supervisor was not credible. She also found that the defendants failed to prove our client violated a safety rule.

Another dispute was the Claimant’s weekly wage. While he testified that he made $130 a day, received payment in cash weekly, and worked five or six days per week, the Defendant disagreed. He testified that he only worked two days a week; however, the employer submitted no payroll records.

Since the Deputy Commissioner previously found the Defendant to not be credible and there was no corroborating documentation, she accepted the Claimant’s testimony and ruled his weekly wage was $650 per week. This is important because worker’s compensation cases provide 2/3 of the employee’s average weekly wage. This element of a claim is often agreed to or overlooked. However, Hannah proved the average weekly wage through the credible testimony of our client.

Unfortunately, the Deputy Commissioner found that the Claimant did not suffer a brain injury from the accident. However, Hannah appealed this decision to the full workers’ compensation commission which reversed this decision. The Commission found that our client visited a concussion specialist. There, he received a diagnosis of post-concussive syndrome.

Workers’ compensation was ordered to pay for all of the Claimant’s medical expenses and 2/3 of his average weekly wage from October 2020 onward due to the Claimant’s brain injury.

This case was tough. Attorney Hannah Bowie went above and beyond by hiring a private investigator to prove that the job site used no safety equipment. By proving that the employer was dishonest, we won a victory for our client to pay for his medical treatment and his wage loss.

Our client simply wanted compensation for his inability to work and coverage for medical expenses. We were happy to provide him the victory needed to help him recover financially and physically.

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Brandon and his team at Osterbind Law are truly peerless. This is exactly how a modern personal injury firm should operate. The firm is holistic in its approach and thoughtful. It's no wonder why they get such great results for their clients. And no surprise, their clients love them. I've had the pleasure of working with Brandon on a professional level and he levels up, big time. Kudos.
Nathaniel Amendola
3 months ago

Very compassionate and knowledgeable people who helped us with our situation. They worked quickly and I can’t tell you how grateful I’m they were so caring. I would recommend this firm to anyone that anyone
Lori Rudder
a year ago

The entire team at Osterbind Law are incredible. They communicated with us with every step and process that was happening . They provided the knowledge, support, and empathy to us on the case. And when the curve ball was thrown, they dug in deeper. I have nothing but the highest respect for Brandon and Hannah and the entire team. They made us feel more like a family, than a client.
Wendy Shull
a year ago

The staff is caring and very knowledgeable. They help you as quickly as possible, and worked very hard for us. I'm so pleased with the way they assisted us.
Meghan Rudder
a year ago

Brandon and his team did a great job helping me through my case. I'm so glad I chose him and stuck with him through the transition to his own firm. The staff is very knowledgeable and friendly. They feel like family after all this! Thank you for everything!!Amber J
Amber Higby
2 year ago
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