$8.9 Million Settlement in Workers’ Compensation Case
What’s the highest settlement in a California workers’ compensation case you’ve ever heard of? If you’ve been getting your news somewhere other than WCDefenseCA (and shame on you for that!) then you’ve seen the recent headlines regarding the $8.9 million settlement secured for a young applicant who claimed injury in the form of depression, cognitive deficits, anxiety, psychosis, self-mutilation and a diagnosis of multiple personality disorder. Interestingly enough, there were no objective signs of a brain injury (negative MRI and CT scans).
The story, available on Yahoo Finance as well as other sources, had some interesting comments from the applicant’s attorney. Specifically, the attorney commented on his practice approach – fewer clients and more time spent with each client. In a time when the deposition may be the first time an applicant’s attorney meets his client, or perhaps the Board waiting room where the applicant’s lawyer will walk around shouting his or her name, this approach is refreshing – perhaps there is hope for the applicant’s bar after all?
Even if the panel process of Labor Code sections 4062.1 and 4062.2 doesn’t allow parties to get their own Qualified Medical Evaluator, when the stakes are this high, it may be worth it to retain an expert to help navigate the waters, even if the defense can’t compel an evaluation or get the report admitted.
Perhaps cases like these will help persuade workers’ compensation Judges to start holding applicant’s attorneys to the same standard of file review and case preparation as they do defense lawyers.