On March 5, 2025 Petro Cohen successfully obtained a court approved settlement under the provisions of Section 20 of the Workers’ Compensation Act in the amount of $225,000.00 for a long-term security guard who had alleged that the wear and tear of her employment duties over her period of employment caused a compensable condition which had resulted in a low back surgery. She had previous counsel who did not pursue any such claim and thereafter came to Petro Cohen to determine what could be done. Her claims were completely denied and testimony was taken at the end of 2024 following which the Judge of Compensation recommended the parties accept a $225,000.00 tax-free lump sum payment under the provisions of Section 20 of the Compensation Act which allows for such lump sum settlements if approved by a Judge of Compensation and if there are proper contested issues under the workers’ compensation law. This claim was completely contested and the Respondent had paid no benefits by the time of Trial.
This settlement is an example of how a fully denied “wear and tear” claim can potentially result in significant compensation benefits under appropriate circumstances. Not every wear and tear claim is compensable. But when a hard working person over a period of time is subjected to repetitive stress to any part of their body and ultimately requires significant medical treatment [even if not initially pursued under workers’ compensation] under the right conditions, a successful claim can be made in the workers’ compensation court.
These claims are always challenging but having a credible client who has worked hard all of his or her life is always a great start. We welcome client inquiries and can almost always advise our clients as to whether we think we can help after the first no charge appointment.
Frank A. Petro, founding partner and Of Counsel with Petro Cohen, P.C., was principally responsible for the handling of this matter.
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