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DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.
Resolving disputes by negotiations is most common, and settlement is preferred by both insurer and client. However, the courts are always open in case things can’t be worked out. Here are some examples:
Patricia Jacobs – Insurer tried to avoid expensive treatment plan for complex regional pain syndrome (CRPS). I video-recorded the faulty and unfair exam by the insurer’s doctor. I cross examined that doctor on the second day of trial until 8pm and discredited his opinions. The Vermont Department of Labor ordered the defendant to pay for the treatment plan for CRPS. View Opinion & Order here
Robin Young – Insurer unsuccessfully alleged my client was an “independent contractor” allegedly not covered by workers’ comp benefits. I proved the company’s paperwork was not valid. View Opinion & Order here
Michael Hall – Insurer alleged my client was not eligible for “permanent total disability” benefits resulting from complex regional pain syndrome (CRPS). I proved with client’s testimony and four experts that the insurer owed permanent total disability benefits, and the Vermont Department of Labor ordered the defendant to pay. View Opinion & Order here
Becky Curtis – Insurer refused to accept diagnosis of complex regional pain syndrome (CRPS) and denied multiple treatments, and I requested a trial. Just 3 days before formal hearing, the defense collapsed, the defendant signed a statement agreeing to accept client’s diagnosis and agreeing to pay for all treatment, and I obtained the Vermont Department of Labor’s order on the defendant to pay. View Opinion & Order here
Tuan Nguyen – Insurer alleged opioids were increasing my client’s injury pain and were not reasonable treatment. I cross examined the insurer’s independent medical examiner (IME) doctor. The Vermont Department of Labor found in the client’s favor and ordered the insurer to continue to pay for opioids. View Opinion & Order here
Marsha Currie – Insurer attempt to take away the case from Vermont. Motions filed. Client’s case remained in Vermont. View Opinion & Order here
Laura Samson – Insurer tried to cut off job assistance. I cross examined the former vocational counselor. I introduced an independent vocational counselor. The Vermont Department of Labor found in the injured worker’s favor and ordered the insurer responsible for re-opening of vocational rehabilitation services to help her find suitable employment. View Opinion & Order here
Michael Hall – Insurer tried to avoid costs for medical marijuana. I presented expert analysis and research. The Department of Labor found that medical marijuana was reasonable and necessary treatment for the client’s work injury. (View Opinion & Order here) But the statute at the time would not allow it to be charged to the insurer – the Vermont legislature at my request introduced new law.
Wayne LaHaye – Insurer accepted back injury but attempted to deny responsibility for hip injury. I presented experts and surgeon to prove the lifting injured both the back and the hip. The Vermont Department of Labor found in favor of the injured worker and ordered the insurer responsible for injuries to both his back as well as hip. View Decision Order here
Michael Hall – Client’s shoulder injury treatment needed injections. But he needed dental infection care and teeth extractions in order to qualify for the shoulder injections. Insurer denied responsibility for any dental costs. I presented expert testimony showing dental work was necessary to treat the injury to the shoulder. The Vermont Department of Labor found in favor of the injured worker and ordered the insurer to pay for all dental work, plus dentures. View Opinion & Order here
Violette Veillette – Insurer denied fall injury could have injured client’s neck. I video-recorded the insurer’s IME doctor and presented expert testimony that the IME doctor’s exam was faulty. The Vermont Department of Labor found in the injured worker’s favor and ordered the insurer responsible for all injuries including her neck. View Opinion & Order here
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