Workers Compensation Cases

Situation:

Can this construction worker collect workers compensation for a problem since birth?

A 31 yr. old construction worker (cement finisher) suffered a stroke after climbing up and down a ladder multiple times on the job. He underwent three brain surgeries, during which it was found that he had been born with a congenital anomaly (an arterial venous malformation, or AVM). Strokes are generally considered non-work related, as are heart attacks, thought by the Courts to relate more to an individual’s underlying medical condition rather than brought about by work.

Successful Resolution: $250,000 & 2 years pay

We convinced the Court at trial, through the testimony of the client’s surgeon, that climbing up and down the ladder, and the frequent positional changes required by his job, altered the client’s blood pressure, and lead to the stroke (in his case, bursting of a weakened artery). Our client was awarded 50% permanent disability, two years of back pay, and $250,000 in medical bills. He was eventually able to return to work.

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