Sledgehammer strikes, injures employee – Defendant seeks to modify plaintiff's weekly benefits

By: admin April 23, 2007

$150,000 settlement

On Sept. 22, 2003, the employee sustained a severe injury to his left elbow when he was struck by a sledgehammer during the course and scope of his employment.

After months of conservative treatment, including extensive physical therapy, the plaintiff underwent the first of four ulnar nerve decompression surgeries with anterior subcutaneous transposition. Despite the surgical procedures, the plaintiff had minimal to no relief of pain and had significant loss of function to his left extremities.

A neurological physician stated that the plaintiff was permanently and totally disabled from his prior occupation.

The plaintiff received weekly benefits under Sect. 34 for temporary total disability in the amount of $540, but the defendant moved to modify the plaintiff's benefits.

During negotiations, it was argued that the plaintiff was a candidate for permanent and total disability under Sect. 34A.

The case settled prior to conference.

Type of action: Workers' compensation
Injuries alleged: Left elbow ulnar neuropathy and posterior impingement syndrome with four surgeries
Amount of settlement: $150,000