In 2014, a woman destroyed her knee while handling a to-go order at Burger King. The injury was so devastating, Attorney Johnson visited her in the hospital to start her workers comp case. Burger King is self-insured and hindered the process and her benefits. Finally, they let her return to work with light duty restrictions. Our client received the maximum amount of working wage loss but was at a loss regarding the next steps. We fought to get vocational rehabilitation approved. After several hearings, voc rehab was approved! Voc rehab provides vocational assessments, transferable skill analysis and sometimes training in the form of a work adjustment program. The intention is to always return an injured back to work in a safe environment that matches the (often new) work restrictions. In this case, the extra barrier of a previous felony conviction made job search even more challenging. Thankfully, the hard work of Garson Johnson attorneys, voc rehab case managers and our client’s positive attitude, she is in a work adjustment program preparing to transition to gainful, safe employment.
Ohio Truck Driver Dies of Heart Attack on the Road
Doesn’t sound like a workers compensation claim? Think again. The dedicated wife of this truck driver spoke to several attorneys. She had a story to tell and some serious concerns about the details of the accident. The other attorneys did not believe she had a case to pursue.
Find an attorney that listens, thinks creatively, and solves problems.
The wife contacted Jeff Johnson. Attorney Johnson listened intently to the wife and her story. Her husband had repeatedly mentioned that the brakes needed to be replaced on the trailer of the semi he was driving. Jeff Johnson spent time reviewing the autopsy reports. Johnson also researched the Ohio State Highway Patrol crash report and Public Utilities Commission of Ohioreport of the vehicle that confirmed 50% of the axle brakes were not operable on the trailer.
With the aid of a medical expert, Garson Johnson was able to prove the trailer brakes failed. The crash report showed severe skidding. The skidding demonstrated the driver attempted to negotiate the turn and stop but was unsuccessful. Attorney Johnson was able to demonstrate brake failure caused the heart attack when the man realized he was going to crash. The Ohio workers compensation claim was approved. His widow was awarded death benefits for the rest of her life
While working as an EMT Apprentice, “Sam” was struck on the side of the road by a drunk driver. The tragedy could have wrecked his life. Sam lost his leg and had severe injury to his lungs making it difficult to breath. Instead of giving up, Sam worked tirelessly to put his life back together. He returned to work as a nurse thanks to a vocational rehabilitation program. Sam’s previous attorney was out of option.
Then, Sam asked for a second opinion and found Jeff Johnson. Attorney Johnson researched the case, the benefits and creatively and systematically identified legal options for Sam. Jeff Johnson’s knowledge of the law, Supreme Court decisions and Senate Bill 7 allowed Sam to apply for statutory permanent and total benefits.
Statutory Permanent total disability (PTD) is defined in the Ohio Code as:
Statutory permanent and total disability pursuant to division (C) of section 4123.58 of the Revised Code, due to the loss or loss of use of both hands or both arms, or both feet or both legs, or both eyes, or any two thereof, the injured worker shall be found permanently and totally disabled, and a tentative order shall be issued.
The complexity of this case is that Sam lost 1 leg. How then did statutory PTD apply? Attorney Johnson is familiar with the Thomas V. Industrial Commission Supreme Court decision that applies to all injuries prior to the passing of Senate Bill 7 in June of 2006. This decision says that when an injured worker loses the use of or amputation of the entire extremity or limb it is actually 2 body parts. While Sam lost his entire leg, he actually lost the use of his leg and his foot meaning 2 body parts.
Because of the severity of these types of cases, Statutory PTD compensation is payable for life and the person is able to work at whatever capacity possible.
Workers comp injuries can be draining to you physically, mentally, and financially. Your story may not be as dramatic as Sam’s story. No matter the severity, don’t lose hope and do not let your workers compensation claim rule your life. Stay positive.
A POSITIVE ATTITUDE GIVES YOU POWER OVER YOUR CIRCUMSTANCES INSTEAD OF YOUR CIRCUMSTANCES HAVING POWER OVER YOU.
Actually, not many have the skills and abilities of Garson Johnson workers' comp lawyers. One injured worker was receiving permanent and total disability. PTD is a type of disability that would pay him for the rest of his life, but denied him the ability to have gainful employment or a business of his own. The injured worker had dreams. Despite living with a severe disability, he wanted to invest in a business. His previous attorney was unable to settle his Ohio workers comp claim for a fair value that would give him the freedom to invest in his dream.
That is when he turned to Jeff Johnson at Garson Johnson. After thoroughly investigating his claim history, injury and current benefits, Jeff discovered the injured worker qualified for statutory PTD. Statutory permanent and total disability is awarded when a worker loses the use of 2 or more body parts. Because of the date of the injury, Jeff Johnson knew the Thomas Decision applied. This decision considered the loss of an arm to actually be the lose of use of 2 body parts- the arm and the hand. This type of disability does not restrict an injured worker from future work opportunities.
Attorney Jeff Johnson successfully obtained statutory PTD giving the client a steady income without restricting his ability to work. Garson Johnson also identified a separate car accident claim that settled to give the client extra money to invest in the business. The satisfied Garson Johnson client did not get exactly what he was seeking- a settled workers comp case. He did, however, accomplish his ultimate goal to go back to school AND invest in his new business. We love winning.
When our client, a 41 year old diabetic maintenance worker with a local school system, broke his toe while on the job two years ago, he didn't think too much about it. Big mistake. Our client, who continued on the job, not only didn't take care of his sore toe he was non-compliant with his diabetic medication. Due to his lack of vigilance, he eventually ended up with a foot ulcer and had his leg amputated below the knee. He was out of work since the surgery in September 2008.
When we filed a workers' compensation claim for him, the school system fought us because they argued that he did not take his diabetic condition seriously or seek timely treatment. After multiple hearings, we got the school system to pay him for his lost time, including the three weeks he was out of work in 2007. He also received an amputation award of $109,500.