Workers’ Compensation Case Settlement

13 Nov, 2025
By: PSRB

The injured worker was a 72-year-old male truck driver who injured his right shoulder, suffering a rotator cuff tear, when he fell on ice in the course of his employment as a tractor trailer driver. He came under the care of a surgeon, who performed surgery in the form of a reverse shoulder replacement. He was placed on temporary, total disability benefits following the injury. The WC Insurer then filed a complaint requesting a reduction of his benefits to partial disability, arguing that he had made a good recovery from the surgery, relying on his treating surgeon’s own opinion to that effect, as well as the Insurer’s examining physician, who indicated that he could perform light duty work. The WC Insurer offered the injured worker the total amount of $100,000.00, the value of the Insurer’s exposure for partial disability payments into the future. That offer was made prior to our office becoming involved in the case. We met with the client and advised that he reject the settlement offer. We proceeded to a Conference before an Administrative Judge at the Department of Industrial Accidents, and were able to prevail at the Conference level, maintaining the injured worker’s ongoing weekly benefit without a reduction. The WC Insurer appealed, and the parties mediated the claim, at which time we were able to resolve the claim for $275,000.00.