Workers' Compensation Results
Mike Mergen represented a floor nurse at a nursing home. While on the job, she fell and struck her hip. Her condition was initially misdiagnosed as ongoing symptoms from a preexisting back condition and a recent total knee replacement. The matter proceeded to trial. The Administrative Law Judge awarded permanent and total disability benefits in favor of the nurse and against the nursing home. The employer/insurer is, therefore, required to pay the nurse disability benefits for the remainder of her life and provide all medical care which she needs for the remainder of her life. The present value of the disability award, in and of itself, exceeds $150,000.00.
Mike Mergen represented an over-the-road trucker for injuries sustained after he slipped and fell from a trailer, landing on his tailbone. Although the medical condition did not require surgery, the matter proceeded to trial. The Administrative Law Judge awarded the trucker $35,000.00 in back benefits. The Administrative Law Judge also ordered the employer to provide permanent and total disability benefits for the remainder of the trucker’s life. The present value of this award is $347,000.00. The employer is also required to provide medical treatment caused by the work injury for the remainder of the trucker’s life.
Mike Mergen represented a school teacher who slipped and fell while supervising the school bus departure of students. She broke her left arm and suffered chipped teeth. The matter proceeded to trial. The Administrative Law Judge ordered the employer/insurer and the Second Injury Fund to provide permanent and total disability benefits for the teacher for the remainder of her life, as well as reimburse for all past and future medical benefits related to her work injury. The present value of this award exceeds $200,000.00.
Mike Mergen represented an employee of an uninsured farm operation. The employee was delivering large bales of hay when a bale rolled over on him, fracturing a number of ribs and causing a collapsed lung. The employee also began having anxiety and depression issues related to his injuries. The matter proceeded to a Final Hearing. The Administrative Law Judge ordered the uninsured employer to pay benefits totaling $40,000.00. The Administrative Law Judge also ordered the Second Injury Fund to pay back benefits totaling $75,000.00 and weekly benefits for the remainder of the employee’s life. There was a significant issue in this matter of preexisting lung problems caused by ongoing smoking and chronic obstructive pulmonary disease. Nevertheless, the Administrative Law Judge ruled in favor of the employee.
Mike Mergen represented an employee of a contractor hired to clear brush debris from a recent ice storm. The employee had recently had surgery on his elbow approximately 3 months before his work injury. The employee re-injured his elbow when his arm was pinned between the bucket of a cherry picker and a limb he was cutting. The employer refused to provide medical treatment for the employee on the grounds that the symptoms instead related to ongoing problems from the surgery, which pre-existed the work injury. The matter proceeded to trial. The Administrative Law Judge ordered the employer to reimburse the employee for all past medical treatment on the grounds that all treatment was necessitated by the work injury. The Administrative Law Judge also ordered the employer to pay the employee past and future disability benefits exceeding $30,000.00, as well as disfigurement for scarring to the employee’s arm.
Mike Mergen represented an employee of an electric company who fell from a ladder. This employee had prior lower back problems which had necessitated a fusion surgery approximately 5 years before his work injury. Although the employee did not re-fracture his back in the fall, he did require surgery. The employer/insurer refused to provide surgery on the basis that the surgery was necessitated by a continuation of issues from the lower back fusion which preexisted the fall from the ladder. This matter proceeded to trial. The Administrative Law Judge ordered the employer/insurer to cover all medical treatment received by the employee after his fall from the ladder. Additionally, the employee received back benefits exceeding $120,000.00. The employee is now proceeding to a second hearing asking the Second Injury Fund to cover all future disability benefits for the remainder of his life.
