Workers’ Compensation Case Results
Lifetime Medical Benefits
Mergen represented a surgical nurse who injured her back while helping to move a patient. This case proceeded to trial, after Mr. Mergen obtained the help of numerous physicians and the nurse underwent several surgeries. The nurse was awarded life time disability benefits and life time medical benefits, which continue to this day. The insurance company later offered over $1,000,000.00 to settle the case. This offer was declined due to the fact that it did not represent the fair value of the medical and disability needs of the employee.
Mike Mergen represented a furniture salesman who injured his back lifting a sofa. The case settled shortly before trial for $400,000.00 plus lifetime medical benefits.
Mike Mergen represented an employee of a major package delivery service who hurt his back. The case settled after trial for $380,000.00 plus lifetime medical benefits.
Mike Mergen represented a trucker who rear ended another truck that had slowed significantly in front of him. The trucker had post-traumatic stress disorder and needed surgery for compression injuries to his abdomen. Just before trial, the case settled for a $350,000 cash award plus the employer provided lifetime medical benefits.
Mike Mergen represented an iron worker who injured his back on a construction site. Mike helped him obtain a court order for necessary back surgery. He then settled the case for $300,000 plus life-time medical benefits.
Mike Mergen represented a line worker who developed carpal tunnel syndrome that left her unable to work. Mike Mergen coordinated the receipt of Social security disability benefits for her plus obtained a lump sum cash award of $200,000.00 plus the benefit of lifetime medical benefits.
In Medical Bills
Mike Mergen won a decision issued by the Missouri Labor and Industrial Relations Commission establishing new law on the issue of “statutory employers.” He represented an individual who was permanently and totally disabled as the result of an on-the-job injury. His immediate employer was not insured for workers’ compensation and had less than five (5) employees. The workers’ compensation insurance company for the employer’s contractor claimed that no benefits were owed because the client’s immediate employer did not qualify as an “employer” under the Statute. As a result of the decision, Mike was able to obtain a permanent and total disability settlement in a lump sum amount equivalent to lifetime disability benefits, plus the payment of over $100,000 in medical bills.
Mike has recently obtained a disability settlement of over $400,000 for his client suffering from Complex Regional Pain Syndrome, otherwise known as Reflex Sympathetic Dystrophy. This is a condition in which the injured body part heals imperfectly and the brain continues to send pain impulses to the affected area. This can be a progressive condition and results in severe, unremitting pain. This controversial diagnosis was established in conjunction with local, regional, and national pain management specialists and provides Mike’s client with lifetime medical treatment for his condition in addition to the disability settlement.
Mike Mergen represented an over-the-road trucker for injuries sustained after he slipped and fell from a trailer, landing on his tailbone. The Administrative Law Judge awarded the trucker $35,000 in back benefits, and also ordered the employer to provide permanent and total disability benefits for the remainder of the trucker’s life. The present value of this decision is $347,000. 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 an employee who was in a single vehicle rollover truck wreck. The employer denied the case and all medical treatment. So, the case went to trial in front of an ALJ and Mike obtained a court order providing for surgery for the employee involving a cervical fusion plus lifetime medical benefits. The employer was further required to provide lifetime disability benefits including the payment of $320,000.00 cash at the time of resolution.
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 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.
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 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.
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 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.
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 Administrative Law Judge ordered the uninsured employer to pay benefits totaling $40,000. The Administrative Law Judge also ordered the Second Injury Fund to pay back benefits totaling $75,000 and weekly benefits for the remainder of the employee’s life.
Mike Mergen represented an employee who was involved in a truck wreck that chipped his teeth and resulted in a minor back injury. Shortly before trial, the case settled for $75,000.00 for disability benefits as well as lifetime medical treatment.
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 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, and also ordered the employer to pay the employee past and future disability benefits exceeding $30,000, as well as disfigurement for scarring to the employee’s arm.