Petro Cohen obtains an award of lifetime wages for a 53 year old certified nursing assistant who worked the overnight shift at a convalescent center for 18 years
Our client’s 100% disability award was based on a fully denied occupational exposure where she had claimed that her many years of employment had more likely than not contributed in a material way to the development and worsening of serious medical conditions involving both of her shoulders, spine and right foot by way of “wear and tear” to all of these body parts.
Under New Jersey Workers’ Compensation Law it is not necessary that we prove that the long term stress is the sole cause or even a primary cause of the medical conditions alleged. However, we must prove that it is more likely than not that a material contributing factor to either the aggravation, acceleration and/or exacerbation of the medical conditions alleged. In almost every “wear and tear” case age is a factor which by itself is not sufficient to make a case compensable. In fact if it is only a “normal” degenerative aging, the case is not compensable. However, when long term stress is coupled with aging process the combination of these two factors can often result in a finding that the legal standard has been met.
Our client’s case involved a partial Trial where she fully testified in the Workers’ Compensation Court and convincingly told her life story including her medical and work history, together with her current loss of physical function due to her claimed compensable injuries.
The father of her two children had abandoned her shortly after her children were born. One of her two children was autistic. She had overcome serious educational challenges having been born outside of the United States where Spanish was her native language.
She became a certified nursing assistant once she relocated to New Jersey. She was found completely credible by the Presiding Judge. Ultimately she was awarded not only Social Security disability [which we helped her obtain] but also lifetime tax-free weekly benefits and lifetime medical treatment from the workers’ compensation insurance carrier for her work-related medical conditions. The Judge of Compensation assisted in reaching this resolution once he heard her complete testimony and reviewed the overwhelming evidence in support of her position that not only should her medical conditions be considered compensable under New Jersey Workers’ Compensation Law, but that she should be entitled to the maximum benefits payable. Even better, she only paid a fraction of the awarded counsel fee and costs, as most were ordered to be paid by the workers’ compensation insurance carrier.
Not every working person has a compensable “wear and tear” case. But there are numerous potential claims that are never pursued simply because most people do not know their rights under the New Jersey Workers’ Compensation Law. Often they feel they are doing something “wrong” by “suing” their employer. The Workers’ Compensation law is misunderstood by most people and even by many attorneys, especially those who do not specialize in workers’ compensation.
Even in this case, the client had come to our office solely because she had for the first time in her occupational history, sustained a specific workers’ compensation trauma to her arm. When we interviewed her for that case it became very clear to us that once we had a complete medical history and understanding of the rigors of her 12-hour shifts, with often combative patients who were mentally challenged, that she also had a far more potentially valuable claim which eventually changed her life.
“Wear and tear” claims can result in permanent total disability. Just like specific accident cases, the majority of such occupational exposure claims involve situations where the client can resume employment and therefore he or she is not permanently disabled. But the client may have a permanent partial disability award or a lump sum settlement that can represent substantial compensation depending upon the particular circumstances of the case including the severity of the medical condition[s] involved.
All that we need to determine in whether any client may have a viable case is to meet with the client one time at which time we can usually make a decision as to whether or not that there is a claim worth pursuing. If so there is no charge unless and until we make a recovery. Every State has its own specific workers’ compensation benefits. Benefits in New Jersey are different than the benefits in Pennsylvania. We like to think of ourselves as hard-working lawyers for hard working people. If you think you may have a “wear and tear” case (or any workers’ compensation case for that matter) just contact us and make an appointment. At our first meeting we should be able to answer all of your questions and make a determination if we think that we can help you. If so we will do our best to get you all that you deserve, which often times can be a life changing decision, which is exactly what occurred in this case.
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