Maureen Edobor, a member of Goldberg Segalla’s Workers’ Compensation group in Baltimore, represented a national employer to terminate a claimant’s indemnity and medical benefits before the District of Columbia Administrative Hearings Division—effectively closing a claim for our client that has existed for almost a decade.
In this matter, the claimant, who was employed as a chef, slipped and fell in a refrigerator and injured his left shoulder in 2013. Due to insurance issues and scheduling conflicts, the claimant’s left shoulder surgery was not scheduled until 2018, six years after the date of accident. The claimant’s course of treatment post-surgery was rocky and he required another left shoulder surgery. Since 2018, the claimant was in and out of physical therapy and in pain management with permanent work restrictions, which prevented him from working since the date of accident.
The client had already spent over $300K paying for the claimant’s indemnity benefits over eight years and the claimant had a $500K demand prior to the judge’s order. Notably, another half million of indemnity and medical benefits were at stake for the client.
Maureen dug into the claimant’s medical history and social media, and used what she found to turn on the claimant’s credibility. On direct examination, the claimant could not recall the answer to questions asked about his job history, day-to-day life, and medical history. However, on cross-examination by the claimant’s attorney, his memory was suddenly vivid. Maureen raised this distinction in her closing argument and also reiterated that the claimant’s experts did not bother to prepare a proper causal relationship opinion, detailing the claimant’s full medical history and ability to work, which rendered their opinions useless.
The Division agreed and the claimant’s temporary total disability benefits were terminated after eight years and the claimant was declared able to return to his pre-injury job, significantly reducing the client’s exposure on the claim.
Goldberg Segalla’s success in efficient file-handling, as well as long-range strategic risk-management, has earned us a national reputation for exceeding our clients’ expectations and driving positive change in the practice of workers’ compensation law. One of the first law firms ever to approach workers’ compensation in this manner and at this scale, we have been able to achieve extraordinary cost savings for leading employers in sectors ranging from construction to retail to the gig economy.