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  • Workers Compensation Insurance Denies Medical Treatment and Assigns its own “Earning Capacity”
  • Result: Awarded all medical treatment and placed on total disability wage loss benefits
  • Date: September, 2013
  • Work Injury

An injured employee discharged his previous attorney and retained Attorney Michael D. Facchini to handle his workers’ compensation claims. The previous attorney filed only a claim for medical treatment, despite the insurance company that unilaterally, and without one iota of support, placed the injured employee on partial disability and assigned a $800.00 earning capacity, meaning they believed he had the ability to earn $800 per week with his injury. Upon representation, our law firm immediately filed a Motion to Amend the claims for total disability and other benefits that should have been previously been filed by his former attorney. In addition, our client was being denied reasonable and necessary medical treatment by the workers’ compensation company. Besides zealously representing our clients, our law firm personally assists all aspects of a work injury claim, including obtaining denied medical treatment. Our client resumed the necessary medical treatment that he needed after his shoulder surgery and medical treatment for his low back injury that was medically opined to be related to the positioning while undergoing his shoulder surgery. As a result of Attorney Michael D. Facchini’s argument before the Judge, the Court Awarded ALL medical treatment for both the shoulder and low back that was denied by the Insurance Company and placed the Employee on total disability wage loss benefits, as there was no evidence as argued by Attorney Michael D. Facchini that the Employee could make any part time earnings, and certainly nowhere close to the unilaterally assigned, outrageous amount of $800.00 per week by the insurance company.