Northfield, NJ – July 16, 2015 – With the help of Petro Cohen, a former EVS worker at an Atlantic City casino was adjudicated by the Compensation Court as being entitled to 100% permanent total disability benefits because of her long-standing compensable low back condition. The original injury occurred on June 28, 2005 at which time she underwent spinal surgery.
Born in the Dominican Republic and having only completed fifth grade, the worker had come to the United States in 2002 and did not speak any English. However, she quickly proved to be a very hard working individual, holding two jobs at the time of her compensation accident in 2005.
Initially, she was awarded compensation for 75% of her body on May 20, 2011, which resulted in her receiving 450 weeks of compensation paid at 70% of her weekly wage. She then re-opened the claim and underwent a course of pain management, which did not improve her condition. Unfortunately, she also developed emotional residuals, which were understandable in view of her chronic low back complaints and her inability to lift more than 10 pounds without pain in her spine. In fact, her neurosurgeon felt that she should not lift more than five pounds.
She had received a course of additional conservative management, which did not help her. Thereafter, it was determined that she should be entitled to lifetime compensation paid at 70% of her weekly wage, representing a 100% permanent total disability award. She will also be entitled to lifetime medical treatment for her low back and emotional residuals.
All payments under her award represent tax-free payments and the Compensation Court will maintain further jurisdiction during the pendency of her claim to address any problem with her receipt of the benefits awarded. She has been paid continuous compensation since June 28, 2005. The new award now entitles her to lifetime benefits for the maximum recovery that can be made under the Workers’ Compensation Statute.
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