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Levinson Axelrod, P.A. supports the following charities and encourages our friends and family to consider making charitable contributions to these charities or to a charity of their choosing.

• American Cancer Society
• Elijah’s Promise
• Somerville Fish (Children’s Clothing Pantry)
• St. Jude’s Children’s Research Hospital
• Yellow Ribbon Fund

 

August 31, 2011 – The New Jersey Law Journal publishes 2011 Year in Review Article written by our firm partner Ronald Grayzel.

 

RONALD GRAYZEL – SETTLEMENTS

$2.5 Million Settlement – Ronald Grayzel represented a young man seriously injured in a motorcycle accident. Plaintiff was riding to work when the other driver made a left hand turn in front of the motorcycle. The plaintiff had no memory of the accident. Plaintiff had a number of serious fractures, underwent surgeries and was left with disabilities. Plaintiff was able to work. Case settled on the second day of trial.

$390,000 Settlement – A fifty-year old man was injured in a motor vehicle accident when his car was struck by a tractor trailer that came through a red light at an intersection. The plaintiff’s left eye was injured when the air bag deployed. Plaintiff sustained a traumatic hyphema and traumatic mydriasis to the left eye. The plaintiff’s complaints and symptoms include sensitivity to light and difficulty focusing at short distances. The case was settled for $30,000 on the day before a scheduled arbitration. The matter was handled by Ron Grayzel, Esquire.

 

Mark Kuminski

$2,250,000.00 Jury Verdict: The plaintiff injured her ankle when she stepped into a cement cut out in a commercial sidewalk where a tree had been planted. The plaintiff had been walking on the sidewalk on her way to a down town holiday festival. Her attention had been distracted by a negligently placed chestnut grilling stand, thereby diverting her attention away from the cut out. The plaintiff brought a claims against both the property owner and the operator of the chestnut stand. As a result of her accident, she sustained a badly sprained ankle and went on to develop Complex Regional Pain Syndrome. The case was tried by Mark Kuminski.

$575,000.00 Settlement: Mark Kuminski handled this case for the plaintiff, who was injured at work when he slipped and fell on a wet floor, injuring both knees. The floor outside his office had recently been mopped by an outside contractor, and the wet floor signs were placed by the defendant in such a manner that they would not have been readily observable as the plaintiff exited his office. The plaintiff aggravated preexisting conditions in both knees, for which he had previously undergone multiple knee surgeries. As a result of this accident, he was required to undergo bilateral knee replacement surgery.

$365,000.00 Settlement: The plaintiff was injured while working on a construction site when the platform of the scaffold he was using collapsed. The plaintiff’s employer did not have sufficient scaffolding on site, and therefore the plaintiff borrowed a second scaffold from another contractor and placed it on top of his employers scaffold. Unfortunately, the platform of the second scaffold was not the correct size, and as a result it fell through the support arms of the scaffold thereby causing the plaintiff to fall. The plaintiff sustained injuries to his back, for which he was ultimately required to undergo surgery. The case was handled by Mark Kuminski of our office and settled at the time of trial.

$375,000.00 Settlement: The plaintiff was injured when the automobile in which she was a passenger was struck from behind by an ice cream truck. As a result of the accident, the plaintiff sustained injuries to her lower back, for which she underwent numerous injections and other related procedures. Mark Kuminski handled the case for the plaintiff and the matter was settled at mediation.

 

Recent Wins – David T. Wheaton

$6,000,000 jury verdict for drunk driving accident
A female drunk driver crashed into plaintiff’s vehicle causing multiple fractures to the right ankle and foot. Plaintiff suffered a comminuted and crushed type fracture to the right tibia, fracture to the right talus and crush fracture to the right calcaneus. Large fracture blisters developed the next day and plaintiff was unable to have surgery for several months after the accident. The fractured bones healed with misalignment. Plaintiff’s doctor testified that plaintiff would be under pain management protocol for the rest of his life due to this condition. Plaintiff’s only other option was to have a complicated fusion procedure which would result in a club foot. The chance of success of the surgery would be 50/50 and there were substantial risks involved. Plaintiff testified that the drug management caused him insomnia, constipation and a severely negative impact on his relationships. David Wheaton successfully tried this case in Superior Court of Ocean County.

$1.250M FOR PASSENGER IN ONE CAR ACCIDENT
A Howell Twp. teenager has agreed to accept a $1,250,000.00 settlement in Monmouth County on Oct. 20, 2010 for injuries suffered as a passenger in a one car accident. On April 11, 2008, the driver of the car plaintiff was riding in lost control of his vehicle on Nomoco Road in Freehold Twp. N.J. resulting in a violate crash against a tree. According to David T. Wheaton of Howell’s Levinson Axelrod, P.A., both the driver and the plaintiff were unconscious and were pulled out of the car to safety by passing motorists before it burst into flames.

Plaintiff suffered a traumatic brain injury with objective evidence of axonal damage resulting in major memory loss, poor concentration and cognitive deficits. His orthopedic injuries were fractures to the left jaw and sinus, transverse process fractures to T1-T4 and deep lacerations to the tendons of his left hand requiring plastic surgery. Mr. Springer also required a tracheotomy and a feeding tube. Plaintiff was hospitalized at Jersey Shore Medical Center for 4/11-08-4/28/08 and thereafter at Children’s Specialized Hospital 4/28/08-5/17/08. At the time of the accident, plaintiff was a senior in high school. Expert vocational/economist, Ph. D. Robert Wolf was prepared to testify regarding his wage loss given the diminished capacity. The proceeds of the settlement on behalf of plaintiff will be put into a Trust to pay for his special needs throughout his life.

$1M for Dog-Bite Injuries
A former model whose face was permanently scarred by a dog bite settled her Monmouth County suit against the dog’s owner for $1 million on Feb. 28.
On Aug. 4, 2008, Plaintiff, 37, was a patron at a local farm and was bit by a Labrador retriever when the dog lunged at her and bit her in the face. Plaintiff lost most of her right upper lip and part of her right lower lip in the attack, which required emergency surgery, three subsequent plastic surgeries, injections, and caused scarring, permanent discoloration, and frequent chapping and scabbing. Plaintiff had not modeled in several years but wished to maintain the option of returning to the industry, which her injuries would preclude. She had been working as a spa director at a resort before the attack but was replaced because she missed work for medical treatment. David Wheaton, Esq., of Levinson Axelrod, P.A., argued strict liability under New Jersey’s dog-bite statute, and claimed the business negligently allowed the dog to remain in the presence of customers despite its attack on another patron three days before. He successfully negotiated the settlement of $1M in this matter.

1) $750,000. – A Middlesex County man was driving down a main street in Seaside Heights at approximately 7:30 a.m. one Sunday morning when he was struck by a vehicle which went through a stop sign at a high rate of speed. The impact caused our client’s vehicle to flip over and slide down the roadway. Our client was not wearing a seatbelt and was ejected from his vehicle through the sun roof. He struck the pavement and received serious and permanent injuries. The defendant driver argued that had our client been wearing a seatbelt, his injuries would have been minimal. Plaintiff’s injuries included a serious back injury requiring major surgery and a substantial limp. He continues to get physical therapy three years after the accident.

2) 475,000 – A 46 yr old Ocean County woman was stopped on her motorcycle in Bayville, N.J. when the defendant, driving a motor vehicle struck the right rear of the motorcycle and the right leg of the female plaintiff. The female plaintiff sustained a very serious injury to the right leg known as Compartment Compression Syndrome and was required to undergo immediate surgical decompressive surgery of the four compartments of her right leg. If the immediate surgery had not been performed, this type of injury results in potential amputation. The surgery was successful but she will have permanent abnormal numbness in her leg, knee and foot and permanent disfiguring scars from the extensive surgery performed.

3) 350,000 – A 56 yr old Howell woman. was a home care nurse and was assigned to treat and assist an elderly woman in Manalapan New Jersey on the date of the accident. After parking her car in a designated area, she was required to walk along a sidewalk to the residence. Unfortunately, the sidewalk was covered with snow and ice and, although she was trying to be careful, she slipped and fell. She banged her head and neck on the sidewalk and sustained a spinal injury to her neck and left shoulder. The neck injury was diagnosed as a herniation of two cervical discs and required neck surgery during which time the orthopedic surgeon used metal cages to fuse the damaged cervical spine.

4) 350,000 – A 74 yr old Ocean County woman living in Jackson, N.J. was gardening in the front of her property when the defendant driver lost control of her car, jumped the curb and struck the elderly woman causing serious and permanent injuries. She was admitted to a local hospital for 9 days and was diagnosed with a fracture to the left shoulder, fracture to the left clavicle, six fractured ribs and a damaged lung. She also sustained a injury to her spleen with internal bleeding requiring an arterial immobilization.

5) $300,00 – A 20 yr old Freehold man was the right seat passenger in a vehicle when the driver started to speed down a local country road at approximately 80 to 90 mph. Driver lost control of the vehicle which struck a pole and flipped over. The plaintiff passenger sustained a fractured skull without surgery and a fractured left leg requiring lengthy surgery including the placement of a metallic rod and screws. The plaintiff passenger was also scheduled to join the U.S. Air Force approximately 1 month after the accident and those plans were cancelled. Aside from the injuries mentioned above, he also suffers from post traumatic stress disorder and scarring resulting from the surgical repair.

6) 290,000 – A 49 yr old Ocean County woman living in Forked River was driving to work and as she passed a side entrances to the Oyster Creek Nuclear Plant, a large, military-type vehicle sped out from the side street without stopping for the controlling stop sign and crashed into the plaintiff causing serious injuries. She sustained a cerebral concussion with loss of consciousness, facial scarring, severe damage to both knees requiring knee braces and surgery to the left knee. She also sustained a post traumatic agitated depression and post traumatic headache disorder which are permanent in nature.

7) 250,000 – A 40 yr old Jackson, N.J. man was employed by a the County and was directing motor vehicle traffic at a road construction site when he was struck by a defendant who claimed that he did not see the worker because the sun was in his eyes. The plaintiff sustained a displaced fracture of his left knee and a torn ACL of his left knee requiring arthroscopic surgery. He missed a great deal of time from work and has permanent pain and disability in his injured knee.

 

Publications

September 6, 2010 – The New Jersey Law Journal publishes “Court at a Crossroad” written by our firm partner Ronald Grayzel.

 

Community Involvement

Two of our employees, Kathy T and Cindy, started a holiday project about 15 years ago by adopting a Youth Shelter in Middx County. Each year the staff prepares a Thanksgiving dinner for the kids at the shelter and provide Christmas presents as well. The staff was recently acknowledged at a United Way Dinner.

 

Recent Wins – Brett Greiner

1) $3,000,000 – Levinson Axelrod Partner Brett Greiner wins $3,000,000 jury verdict for slip and fall victim.

2) $1,750,000 - Attorney Brett R. Greiner with Levinson Axelrod, P.A., recently represented a client who suffered a back injury in a construction accident, settling the case for $1,750,000.00. The plaintiff, a carpenter, was moving sheet rock on wheeled A-frame carts from a loading dock to a freight elevator. According to the plaintiff, the weight of the sheet rock and A-frame carts strained the elevator cables, resulting in an uneven surface between the elevator and the flooring outside of the elevator. The plaintiff stated that because of this instability, the cart and sheet rock that he was transporting toppled onto him, resulting in back injuries that necessitated a lumbar discectomy and subsequently, a lumbar fusion. Even after treatment, the plaintiff suffers daily pain and has limited functional capacity.

3) $495,000 – Plaintiff, a minor child, was crossing a three-lane highway. Cars in the first two lanes stopped for him to cross, but he was struck by a vehicle traveling in the third lane. As a result of this incident, the child suffered a fracture of the upper part of one leg and fracture of both bones in the lower part of his other leg. Surgery and hardware were required to repair all the fractures and extensive therapy followed. While the child has made a good recovery, he faces the prospect of surgery in the future to remove the hardware. The case was settled by Brett R. Greiner.

4) $250,000 – A woman coming off the bus slipped on ice breaking her ankle. While it had not rained or snowed prior to the accident, the evidence showed that the ice had formed from a pooling of water in a landscape bed in the area where the passengers were let off the bus. The case was settled by Brett R. Greiner.

5) $450,000 – A Middlesex County woman was leaving her apartment to go to work when she slipped and fell on ice that had formed on the walkway as a result of snow melting and refreezing. While the defendant argued that they had acted reasonably under the circumstances, the evidence showed that this was a recurring problem that they were aware of. The woman sustained a displaced ankle fracture that required a plate, screws and pinning. The matter was tried by Brett R. Greiner.

6) $225,000 – A woman was walking from her car to the WalMart store where she worked and was caused to fall on a patch of ice that formed as a result of compactions by vehicular traffic. The owner of the property had hired a snow removal contractor who claimed to have been on site at the time of the fall spreading salt, but the conditions belied his assertions. The woman suffered a mid-shaft tibia fracture that required the insertion of a rod. The matter was settled by Brett R. Greiner.

7) $450,000 Settlement – A South Plainfield woman fractured her knee cap when she tripped on a strap that had fallen off a box at the defendant’s store. The evidence showed that the tripping hazard was present for a sufficient period to put the defendant’s on constructive notice of the condition but they failed to remedy the situation before plaintiff encountered the strap while shopping at their store. The plaintiff landed directly on her knee, breaking the knee cap in several places. A surgery using screws and wires was necessary to reduce the fracture. After she healed, the plaintiff still had difficulty negotiating stairs and could not kneel on the injured knee and had difficulty taking care of the family home. Brett R. Greiner represented the plaintiff and her husband.

 

Recent Wins

1) $1,250,000 – A Howell Twp. teenager agreed to the settlement in Monmouth County on Oct. 20, 2010 for injuries suffered as a passenger in a one car accident. The matter was settled by David T. Wheaton.

2) $300,000 – Plaintiff slipped and fell and sustained a significant knee injury. As a result, plaintiff underwent arthroscopic surgery for her knee and it was feared she would need additional surgeries. Plaintiff was able to go back to work but required extensive physical therapy.

It is always difficult to settle a case when there are two defendants may be negligent. It is hard enough to get two insurance companies to agree on a value of a case. It is sometimes even more difficult to resolve the liability split or blame for the accident between two defendants, or two insurance companies.

In this particular matter, Levinson Axelrod, P.A. was able to settle the case by getting the defendants – their insurance companies – to agree on their respective blame for the happening of the accident. Attorneys for victims focus the case on the blame between two defendants and the insurance companies try to blame the victim for the accident. Here we were able to get the two insurance companies to agree on the value and proportion of the responsibility between all parties.

 

Recent Wins – Kenneth Harrell

1) $275,000 – Lawsuit on behalf of a man who was attempting to enter a McDonalds. The door he intended to use was locked and should not have been. He attempted to navigate to the other door in spite of ice covering the sidewalk. He slipped and fell, injuring his shoulder. Case was handled by Kenneth Harrell, Esq.

Defendants denied that they were responsible for the happening of the accident and claimed that the plaintiff was not careful when using their facility. During the deposition, the defendant’s representative admitted that the back door should have been unlocked and another representative admitted that the employees had no ice melting material on hand to deal with the conditions.
Plaintiff sustained a shoulder injury that eventually led to a surgery. The plaintiff did not have a good result from the surgery. The defense contended that the result from the surgery was good and provided a surveillance video of the plaintiff to suggest he was not having continuing problems. Harrell obtained all of the medical records and a report from the treating orthopedic surgeon and a second opinion from an orthopedic surgeon documenting the seriousness of the injuries. Harrell provided the video to the orthopedic surgeon, who said that plaintiff’s injuries were demonstrated by the video in that he could not lift his arm above 90 degrees.

Faced with overwhelming evidence of liability and damages, defendant’s insurance company agreed to an arbitration, at which time the plaintiff was awarded $275,000.

2) $375,000 – Plaintiff suffered a back and neck injury in an accident caused by another car that rear ended her. Plaintiff was diagnosed with a disc herniation in her lower back and a disc bulge in her neck, as well as radiculopathy in her lower and upper extremities. The lawsuit was handled by Kenneth Harrell, Esq. and the jury returned a verdict of $375,000.

The insurance company took the position that plaintiff had no injuries from the accident. In order to prepare plaintiff’s case, Harrell obtained all the medical records and had the plaintiff evaluated by an orthopedic spine specialist that described the plaintiff’s condition and why it was caused by the accident.

The insurance company retained a “hired gun” expert to offer the opinion that the plaintiff’s MRI’s were normal, and that only a temporary injury occurred as a result of the accident.

The jury determined that the plaintiff had a permanent injury as a result of the accident and awarded her $375,000.

3) $483,589.47 – Plaintiff suffered neck, back, shoulder and knee injuries as a result of this serious accident. Plaintiff was diagnosed with two disc herniations in her neck, which necessitated surgery. She also had shoulder and knee surgery as a result of her injuries. The case was handled by Kenneth Harrell, Esq. and the defendant tendered their entire remaining policy of insurance of $483,589.47.

 

Recent Wins – James Dunn

1) $250,000 – This is a 78 year old Hillsborough woman who was awarded $250,000.00 as a result of a Somerset County Trail. At trial it was alleged that as a result of a motor vehicle accident, the plaintiff sustained a fracture to the neck. The plaintiff elected not to have surgery, but continued to complain of ongoing neck pain. At trial the treating neurosurgeon testified that although the fracture has stabilized and partially healed, it is expected that the plaintiff will continue to have pain in the future. The case was a tried by James Dunn of our Hillsborough Office.

2) $300,000 – Settlement reached for a New York resident who was visiting New Jersey and was impacted by a vehicle that lost control. As a result of the impact, plaintiff sustained injuries to the back. He previously had back surgery over 20 years before the accident and was doing well. As a result of the impact in this case, he developed severe back pain, necessitating a significant back surgery.

The insurance company representing the defendant who caused the accident offered their full $100,000 policy. Plaintiff has purchased an additional $200,000 worth of underinsured motorist coverage. Due to the severe injuries he sustained, they offered all of their remaining policy for a full settlement in this matter of $300,000. James J. Dunn handled the matter for Levinson Axelrod, P.A..

 

Recent Wins – Tara Johnson

1) $300,000 – On January 28, 2005, two female students at Franklin Township School were strip searched by the school nurse at the direction of the interim superintendent. The circumstances of the strip search arose from a belief by the administration that the students were involved in the theft of a nominal amount of money from teachers. The students were questioned, their belongings were searched, and then they were eventually escorted by the superintendent to the nurse’s office. While there, they were ordered to stand behind a curtain where they they were asked to remove their clothing and undergarments, which exposed their bodies, so that the nurse could see if they were hiding any money. Following the search, no money was ever found.

Both female students brought suit against the defendants in the case, including both state and federal 1983 claims, asserting that their 4th amendment constitutional rights were violated by the unlawful search. Both students were embarrassed and humiliated by the search, and were under the assumption at the time that their parents were notified and consented to the search. The parents were never notified prior to the search, nor were the police advised. The administration handled the matter in-house, which gave rise to the unlawful strip search.

The case was handled by Ronald B. Grayzel and Tara L. Johnson of Levinson Axelrod, P.A..
The case settled for $300,000, which included compensation for all claims, costs and counsel fees.

2) $275,000 – A motor vehicle accident occurred in Manville on May 13, 2008 just after noon that day. The Plaintiff was walking in a marked crosswalk on Main Street in Manville when she was struck by the Defendant. As a result of the accident, she sustained serious neck and back injuries, and ultimately required neck surgery. The case settled for $275,000, and was handled by Tara L. Johnson out of the Hillsborough office.

 

Recent Wins

1) $295,000 – The plaintiff was a pedestrian who was injured when he was struck by a motor vehicle while crossing Ferry Street, Newark, N.J. Plaintiff suffered a fractured femur with fixation. Defendant disputed liability for the accident. The matter settled while scheduled for trial in Essex County.

2) $450,000 – This 39-year old Plaintiff suffered serious neck injuries when her vehicle was rear-ended while she was stopped at a traffic light in Elizabeth, New Jersey. She was hospitalized and required a cervical fusion. The case matter settled during jury selection in Union County.

3) $300,000 – This 27-year old construction worker fell off ladder sustaining injuries to his groin area. He was diagnosed with a non-operative urethra stricture requiring the use of a catheter for an extended period of time. The case matter settled during mediation proceedings.

4) $489,000 – This was an automobile case in which the tortfeasor ran a red light causing the collision. Client suffered a closed head injury with a normal MRI of the brain, but with significant memory loss and cognitive impairment that required neuropych treatment and rehabilitation. D had approx $489,000 remaining on the $500,000 policy limit. Case was settled for the D’s policy limits while scheduled for trail in Hunterdon County.

$979,889.88 SETTLEMENT – On October 3, 2007, at approximately 10:25 p.m., the plaintiff was working for a trucking company. His truck was parked at a truck stop when the Defendant’s tractor trailer hit the front end of his truck, knocking him out of the door and onto the ground. The liability in this case was clear, and the court decided the issue 100% in favor of the Plaintiff.

As a result of this accident, the plaintiff sustained serious injuries to his neck and back. In January 2008, he underwent a fusion surgery to his neck, involving the nerves. He also had surgery in June of that year for the removal of hardware for a prior back surgery in 2000. He was left with significant limitations from these injuries in his daily and recreational activities, and was unable to work.
This matter was handled by Tara L. Johnson.

$225,000 Settlement – This case involved a motor vehicle collision between a truck and a pedestrian. On October 13, 2007 at approximately 9:30 am, the plaintiff went to the food market for a newspaper. The plaintiff parked her car in the parking lot. She was walking back to her car after buying the newspapers when defendant backed up his truck into her. She yelled to try to stop him, but he hit me and knocked her to the ground.

As a result of the accident, the plaintiff sustained very serious injuries, including a right hip fracture requiring surgery, and a right wrist fracture. After the injuries healed, she was left with residual pain, and limitations on her recreational activities.
This matter was handled by Tara L. Johnson.

$250,000 SETTLEMENT – This case involved a motor vehicle collision between a gentleman on a bicycle and a limousine. On July 24, 2008, Mr. Condit was riding his bicycle across Route 206 at the intersection of Orlando Drive when he was struck by defendant’s vehicle. Liability was contested, as the Defendant claimed that the plaintiff crossed against the red light, and thus, was not entitled to damages.

The plaintiff’s expert submitted a report supporting the plaintiff’s contentions that the defendant was traveling too closely to be able to avoid contact with the plaintiff. The allegations were that he violated the following distance policies of the State, and also of his own company.
As a result of the accident on July 24, 2008, Mr. Condit sustained serious injuries. He was transported from the accident to Robert Wood Johnson Hospital by ambulance, where he was treated. He was diagnosed with a right hip and left leg fracture, in addition to a cervical spine fracture. He was admitted to the hospital for his injuries and released to a rehabilitation facility.

Over the next few months and year, the plaintiff had multiple surgeries to address his injuries as well as infections that developed. Ultimately, his injuries healed to a degree, but he was left with pain, limitations on his ability to work and enjoy his recreational activities, and scarring.
This case was handled by Tara L. Johnson.

$250,000.00 Settlement – Tara Johnson, Esq. handled this case for the plaintiff, who was injured on April 30, 2008, when she was leaving work and she suddenly and unexpectedly twisted her knee while stepping off uneven/broken curbing. The plaintiff brought a claim against the property owner. As a result of her accident, she sustained a torn meniscus, aggravation of previous osteoarthritis, scarring, and underwent a right total knee replacement.

Recent Settlement – $350,000

A 46 year old retired police officer was in traffic on the Garden State Parkway and rear ended. The force was so hard that the Plaintiff hit the vehicle in front of him. He sustained serious injuries to his neck, which included 2 herniated discs. The Plaintiff tried conservative treatment, which included chiropractic care, epidural injections, and physical therapy with no long lasting relief. Due to the unrelenting pain, the Plaintiff underwent cervical fusion. This matter was handled by Kimberly Gozsa.

$475,000.00 settlement

Plaintiff was driving her motorcycle on Route 36 in Keyport, New Jersey when she encountered a poorly maintained road causing her rear tire to fall into the rut of the road. As a result, the Plaintiff was caused to crash into the side of the road and flip over the handle bars of her motorcycle. She sustained numerous injuries to her neck, back, and shoulders requiring multiple surgeries. The case was handled by Kimberly Gozsa and was settled just prior to trial.

$300,000 settlement

Plaintiff was involved in a motor vehicle accident involving multiple cars. She was transported to the emergency room and underwent a bout of chiropractic care and one injection. However, with no relief, this 28 year old had to undergo a cervical fusion. This case was mediated and resolved by Kimberly Gozsa just prior to the trial.

$275,286.32 Settlement

The plaintiff injured her shoulder and bicep when she was caused to slip and fall on an accumulation of ice on premises owned by the defendant. The plaintiff brought a claim against the property owner. As a result of her accident, she sustained an extensive tear of the rotator cuff with injury to the biceps tendon. The case was settled by James Bayard Smith, Jr.

 

Workers’ Compensation Highlights

1) An employee of a Workers’ Compensation insurance company came to us after he suffered nerve damage to both of his arms due to a poor workstation and repetitive typing for two years. The carrier had originally denied that the injury arose out of the course of his employment as a Workers’ Compensation adjuster. Ultimately, he was provided surgery on both arms, and Levinson Axelrod, P.A. was able to get him a settlement in excess of $27,000 at the Lebanon Workers’ Compensation Court, with the right to reopen his claim for two years should he need additional medical treatment and the right to return to the Workers’ Compensation Court should his injuries get worse.

2) A worker came to us following a fall during the course of his employment. His employer originally treated his injury as a broken thumb, and refused to provide additional care, or pay temporary disability while he was out of work. Through the efforts of Levinson Axelrod, P.A., the worker was sent to more appropriate physicians who felt that he needed significant surgery to cure and relieve the effects of his injury, and the Workers’ Compensation carrier was compelled to provide same pursuant to the New Jersey Workers’ Compensation statutes. When his treatment was completed, we were able to work out a settlement which would provide the worker with benefits equivalent to 40% of the statutory hand plus 6% partial total for psychiatric residuals of this injury, with the right to reopen his claim at the Mt. Arlington Workers’ Compensation Court.

3) An electrician slipped and fell during the course of his employment resulting in the Workers’ Compensation carrier providing a fusion surgery to his neck. Following significant negotiations which were aided by a Judge of Workers’ Compensation in Mt. Arlington, Levinson Axelrod, P.A. was able to arrange a settlement for the electrician in excess of $70,000 with the right to acquire additional medical treatment for his neck for two years, and the right to reopen his claim should his disability get worse.

4) A college student, home for the Summer, injured his shoulder while working for a cable company. Amazingly, the employer denied that he was an employee, and if he was, that his injury did not arise from the course of his employment. Following a Motion for Medical and Temporary Benefits, Levinson Axelrod, P.A. was able to secure medical treatment and temporary benefits for the injured worker, with a determination of the nature and extent of his injury reserved for when he reaches his maximum medical improvement.

 

Recent Workers’ Comp Settlements

1) A teamster/driver settled his workers compensation case with Interstate Baking Corp. for 100% disability as a result of spinal injuries sustained in a fall. The petitioner will receive $590.15 a week for life as a result of the settlement negotiated by Rich Marcolus.

2) A custodian will receive a settlement of $78,000.00 as a result of a neck injury sustained in a fall at work. The claimant suffered a neck injury that necessitated surgery but was able to return to work. The injury was challenged by the insurance company as not being related to the fall at work. Rich Marcolus settled the case on behalf of the petitioner.

3) A union carpenter will receive a $130,000.00 settlement as a result of a settlement negotiated by Rich Marcolus. The petitioner fell off scaffolding resulting in his needing hip and shoulder surgery.

4) A volunteer firefighter settled his workers compensation case for $126,000.00 as a result of negotiations by Rich Marcolus. The volunteer firefighter injured his back rescuing a passenger in a motor vehicle accident. He needed back surgery that has restricted his ability to work as a volunteer fireman.

5) A construction worker who fell of a ladder and fractured his ankle settled his case for $77,000.00 as a result of negotiations by Rich Marcolus. There was an issue of insurance coverage as the workers employer was not insured on the date of the accident.

6) A union carpenter settled his case against Great Adventure for $85,000.00 as a result of injuries he sustained while driving a golf cart. The carpenter suffered knee and foot injuries. Rich Marcolus negotiated the settlement for the carpenter.

7) A sales woman who fell down a flight of stairs at work injuring her back settled her case for $85,000.00 in a negotiated settlement by Rich Marcolus.

8) A union carpenter settled his case for injuries sustained in a fall off scaffolding for $108,000.00. The carpenter required knee and shoulder surgery but was able to return to work. Rich Marcolus negotiated the settlement.

9) A union carpenter settled his workers compensation case for total disability in a settlement negotiated by Rich Marcolus. The carpenter required back surgery and was not able to return to work. He will receive $650.00 per week for life.

10) A union laborer settled his case for $191,880.00 as a result of facial injuries sustained when a saw he was using kicked back and struck him in the face. Rich Marcolus settled the case for the petitioner.

11) An estimator settled his workers compensation case for injuries sustained in a fall for $74,800.00 in a settlement negotiated by Rich Marcolus. The claimant suffered an alleged head injury.

12) A union carpenter settled his workers compensation case for $90,000.00 as a result of a head injury sustained in a fall off scaffolding. Rich Marcolus negotiated the settlement.

13) A service rep settled her case for over $150,000.00 as a result of negotiations by Rich Marcolus. The petitioner required back surgery as a result of her work related injury.

14) $207,840 settlement for a worker who was injured in a motor vehicle accident resulting in complex surgeries to his neck and back. Todd Wachtel handled the Workers’ Compensation matter, and the clients’ lawsuit against the driver of the car is still pending.

15) $150,000 settlement in additional Workers’ Compensation benefits for a worker who was killed while walking outside her job, while on her lunch break. Todd Wachtel handled the Workers’ Compensation matter, while the primary recovery was made against the driver who hit her.

16) Partner, Patrick Caulfield recently settled a claim for Total Disability for a mason who required bilateral knee replacements due to the nature of his heavy occupation. His knee injuries in conjunction with prior problems with his shoulders, neck and back rendered him totally disabled. This settlement will result in lifetime benefits of $691.00 per week and lifetime medical treatment for both knees.

17) The Appellate Division recently affirmed a verdict for Full Dependency Benefits for an AT&T employee who died in her home office from a pulmonary embolism.
Partner, Patrick Caulfield successfully tried the case and was recently successful again when the Appellate Division affirmed. The Judgment provides the decedent’s husband and children with benefits of $711.00 per week.

18) Partner Patrick Caulfield recently settled a claim for Total Disability for a construction worker who injured his left knee and elbow on a ladder. The employee required multiple surgeries to his left knee. He was found Totally Disabled as a result of these injuries and prior serious right knee injuries and surgeries. The settlement will entitle the worker to $170.84 per week until age 62 and $568.00 per week thereafter as well as lifetime medical treatment for his left knee and left elbow.

19) Partner, Patrick Caulfield recently settled a claim for Permanent and Total Disability after a construction worker injured his back and neck lifting large timbers. The Petitioner’s Total and Permanent Disability resulted from his neck and back injuries as well as certain pre-existing injuries to his right knee, left shoulder and neck as well as prior heart problems. The worker will be entitled to benefits of $700.00 per week for the rest of his life as well as continuing medical treatment for his neck and back injuries.

20) Partner, Patrick Caulfield, settled a claim for Permanent and Total Disability after a worker was injured when the suspension of his truck collapsed. The worker suffered serious injuries to his neck and was unable to return to work. The settlement awarded 100% Permanent Total Disability for his neck injury as well as various pre-existing disabilities to his back right shoulder, left knee, kidney and hand. The worker will be entitled to lifetime benefits and medical treatment for his neck injury.

21) Partner, Patrick Caulfield was successful in obtaining a Total Disability Settlement for a 57 year old maintenance worker who injured his right shoulder, neck and back while moving a 55 gallon drum. The worker will be entitled to $328.78 per week until age 62 and $468.87 thereafter. He will also be entitled to lifetime medical treatment for his related conditions.

22) Partner, Patrick Caulfield was successful in obtaining a Total Disability Settlement for a Fast Food Manager, who injured his back when he slipped and fell. He was found totally disabled due to his work injury and prior neck and back injuries. He will receive benefits of $364.48 per week until age 62 and $656.38 per week thereafter and lifetime medical treatment for his back conditions.