News & Events

Cumulative Trauma Claims - Positive Case Results!

Litigation of Cumulative Trauma claims can be like reading War and Peace simultaneously in 8 languages you never learned, but our firm has specialized in the exposure assessment and mitigation for these complicated claims! We are pleased to share another great result for our client below!

In this case, the Applicant worked for an employer for 12 years, ultimately leaving with a "skin and contents" Cumulative Trauma allegation. Treating physicians and Panel QME's placed this Applicant with a likely outcome of life-pension level disability. Our client had the last 11 months of employment under their coverage.

The first defense attorney counseled our client that they have exposure for 100% of the CT as pleaded. Our client, not accepting the exposure analysis, sent the case along to us for a second look. After a few cross-examinations, elimination of one problematic PQME, 3 Trials, 2 Reconsiderations and 1 Removal, we obtained a result of not only mitigating the disability levels, but also changing the exposure from 100% liability to 10% of the exposure (or 8% PD). Our next step will be to pursue our codefendants for reimbursement of 90% of our client's medical and indemnity costs for this large exposure claim.

 
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Scott Yarnall