Recent Recovery Update
Tepper, Scherling & Berliner Recent Significant Worker's Compensation, Disability and Personal Injury Recoveries
By Mark S. Tepper, Esq.
Tepper, Scherling & Berliner continue to recover significant settlements and awards for our clients. Overall, Tepper, Scherling & Berliner have recovered over One Hundred Million Dollars ($100,000,000.00) in insurance claims for our clients.
Recently, in 2011, these benefits have included Total Disability Awards under the New Jersey Worker's Compensation Act.
Included in these Total Disability Awards were a nurse who had been denied injuries and the case was opened from an occupational claim, i.e., no physical trauma but constant lifting, bending and pushing in which we alleged severe orthopedic injuries.
We were successful in convincing our adversaries and the Court that these were work related injuries, and therefore our Client was entitled to collect a permanent disability for the balance of her life, together with 100% continuing medical care for the injuries that were alleged in our workers' compensation claim on her behalf.
In addition we were able to resolve another matter for a Client who had a bad result from a back surgery which resulted in our client being permanently disabled under the New Jersey Workers' Compensation Laws. These are only two of numerous Total Disability Claims we obtained and are in the process of handling.
In addition, we obtained benefits under the Social Security Act for Clients who had been suffering from injuries and/or diseases that prevented them from working. These cases had all been denied at the initial application level and were prosecuted by our offices through Reconsideration and at the hearing.
In addition, we were able to show that a Client had become totally disabled as a result of a hip trauma which aggravated preexisting multiple sclerosis. We were only able to accomplish this by meeting with the Physician who was a multiple sclerosis specialist and reviewing her worsening symptoms resulting from the fall.
This matter was resolved after two days of trial, fully favorable to Petitioner. This provided our Client with Total Disability Benefits under the Workers' Compensation Act for the balance of her life, together with medical care for her multiple sclerosis. Medical care under the Workers' Compensation Act is provided with no deductible and no co-pay.
Finally, it is a common occurrence when the Respondent worker's compensation company fails to provide appropriate medical care for injured workers. Our offices are constantly filing motions for medical and temporary disability benefits in which we produce our Client to testify supporting our position for additional medical care and additional temporary disability benefits. We have been continuously successful at these motions on an ongoing basis throughout the year.
Additionally, in 2011, Tepper, Scherling & Berliner recovered $950,000.00 for a client injured by a drunk driver, also known as a Dram Shop Case, as well as $750,000.00 for injuries sustained by a client who inhaled fumes from a carpet cleaning product.
Concerning the cleaning product, our Client, the plaintiff, suffered pulmonary injuries and orthopedic injuries as a result of inhaling fumes from a carpet cleaning product.
Plaintiff used a cleaning product designed to safeguard carpets from pet stains. She had opened all windows and had proper ventilation when she sprayed the product on an area rug. Within minutes the plaintiff was overcome by fumes and had trouble breathing. As a result of acute chemical pneumonitis the plaintiff was placed on an aggressive course of steroids to alleviate the pulmonary problems.
She later developed avascular necrosis (bone deterioration) in her knees resulting in the need for bi-lateral knee replacements. Plaintiff was successfully able to establish liability for a failure to warn against the product manufacturers and causally relate the pulmonary and orthopedic injuries to the original exposure. The case settled during mediation.
Concerning drunk driving, or a Dram Shop Case, our client sustained multiple fractures and permanent orthopedic injuries as a result of an auto accident with an intoxicated driver. It was determined that the driver had been drinking for approximately 11 hours at a local bar in which he was also the bar manager and employee.
The defendant had been off duty and admitted that he was intoxicated with a blood alcohol level of nearly three (3) times the legal limit. Our client was able to assert liability against the intoxicated driver, as well as the bar restaurant where he was served negligently.
It was clear through deposition testimony of the bartenders taken by our Partner, Michael I. Berliner, that the defendant had been visibly intoxicated when served, and plaintiff's toxicology expert would have testified that the defendant showed clear signs of intoxication while at the bar. The case was settled during mediation.
