Workers’ Comp Settlements

Eric Pearson and Jonathan Koutcher, partners at the workers’ compensation only firm of Pearson Koutcher Law, settled the case of an injured worker for $875,000, which is believed to be the highest workers’ compensation settlement in Pennsylvania in 2015. The injured worker suffered burns to approximately 30% of his body and was receiving wage loss benefits. In addition to disfiguring injuries to the head and neck, the injured worker was also disabled by the scarring and the loss of use of a number of his extremities. Mr. Pearson and Mr. Koutcher filed several petitions to expand the scope of the injured workers’ injuries to maximize his benefit status and also to obtain specific loss benefits (disfigurement and loss of use) in addition to benefits for wage loss. Mr. Pearson and Mr. Koutcher, recognizing the significant medical attention the injured worker would require for his lifetime, had a life care plan prepared, which detailed recommended remodeling of the injured workers’ home, special transportation equipment and the required ongoing medical treatment. The parties to the case participated in an all-day Mediation, conducted by the Honorable Michael Snyder (ret.). In addition to receiving a lump sum settlement of $875,000, the workers’ compensation insurance company agreed to fund and administer a Medicare Set Aside account for the injured worker.

Pearson Koutcher Law partner Jonathan B. Koutcher settled the fatal claim of a 52 year old widow of a truck driver killed in a work-related motor vehicle accident occurring in 2006. The widow had been receiving fatal claim benefits since the accident. The widow had two children and she and Mr. Koutcher brainstormed how to best protect her interests, as both of her children were close to entering college. Mr. Koutcher was able to structure a settlement for the widow consisting of a large, upfront lump sum of money, periodic installment payments for college education expenses for the children and periodic annuity payments for the widow over the next 13 years.

Pearson Koutcher Law partner Jonathan Koutcher settled the workers’ compensation case of a Florida widow whose husband was killed in a work accident in Pennsylvania. In an interesting set of facts, Mr. Koutcher represented the widow of a tractor trailer driver who was killed when his tractor trailer hit an icy surface on a highway in Pennsylvania. At the time of the accident, the widow was separated from her husband. The law in Pennsylvania allows a widow (or widower) to receive workers’ compensation death claim benefits if separated at the time of the accident if the widow was actually dependent upon the decedent and received a substantial amount of support from the decedent. Mr. Koutcher presented the testimony of the widow and presented forensic bank statement analysis showing transactions between the decedent and widower from the time of their separation until the work accident causing his death. The settlement was the equivalent of ten (10) years of fatal claim benefits in a lump sum for the widow.

A Texas resident working in Pennsylvania in a gas well suffered severe and debilitating burns on a significant part of his body resulting in serious, permanent and unsightly scarring on his head, face and neck and also limiting the use of his upper extremities. The injured worker was paid workers’ compensation wage-loss benefits pursuant to the laws of the state of Texas. When benefits in Texas stopped, Philadelphia workers’ compensation attorney Jonathan Koutcher, of Pearson Koutcher Law, filed a claim petition in Pennsylvania. Mr. Koutcher litigated the case arguing the injured worker was disabled and in addition required ongoing medical care. Mr. Koutcher also pursued a claim for disfigurement benefits for the injured worker. Despite the insurance company alleging the injured worker could return to work based upon opinions of two physicians who performed independent medical evaluations, Mr. Koutcher was able to secure a significant settlement in the amount of $375,000. Part of the settlement to the injured worker was in the form of a structured annuity and as a result, the total settlement value exceeded $375,000.

A Maryland resident sustained lumbar spine injuries while working as an auto mechanic at a car dealership in Pennsylvania. The injured worker was represented by Philadelphia workers’ compensation attorney Jonathan Koutcher, of Pearson Koutcher Law. Mr. Koutcher represented the injured worker for almost 5 years and successfully litigated numerous rounds of litigation including a Petition to Review Compensation Benefits to change the injured worker’s description of injury, and a Petition to Modify Compensation Benefits based upon a labor market survey and earning power assessment. Mr. Koutcher also successfully defended the injured worker’s entitlement to receive ongoing physical therapy by winning Utilization Review Petitions. After several mediation sessions and many months of negotiations, Mr. Koutcher was able to obtain a significant settlement for the injured worker in the amount of $360,000.

$325,000 lump sum settlement for a 45-year-old electrical foreman who slipped and fell during a winter storm state of emergency. In addition to sustaining closed head trauma, he also sustained disc damage in his neck that required cervical surgery. The client’s claim was initially denied, but, shortly after Pearson Koutcher getting involved, the workers’ compensation insurance carrier accepted the claim and started paying wage loss and medical benefits. The resolution came as a result of a voluntary mediation.

A Chester County union electrical line worker fell off the back of a work truck and sustained injuries to his lower back requiring surgery. During treatment, the injured worker took a steroid medication which caused avascular necrosis to his hips. Philadelphia workers’ compensation attorney Jonathan Koutcher, of Pearson Koutcher Law, filed a Petition to Review Compensation Benefits to expand the list of injuries to include the additional hip diagnosis. Mr. Koutcher was successful in adding these additional injuries and as a result, the injured worker was able to undergo hip surgery. Mr. Koutcher negotiated a lump sum settlement for the injured worker totaling almost six (6) years of wage-loss benefits.

Jonathan Koutcher of Pearson Koutcher Law settled the case of a Bucks County landscaper for $275,000. The injured worker was injured when a rock was propelled from a weed whacker being operated a coworker, striking the injured worker in the eye. The injured worker fell to the ground and suffered a severe eye injury. The injured worker underwent multiple surgeries and procedures to restore some vision in the eye. As a result of falling at the time of the injury, the injured worker began to experience neck pain. In addition, the injured worker began suffering from anxiety and depression following the work accident. Mr. Koutcher filed a Petition to Review Compensation Benefits, alleging that the injured worker had additional injuries related to the work accident resulting in disability. The injured worker was presented for testimony, and medical opinions from the injured worker’s treating psychologist and neurosurgeon were obtained. In addition to paying for all medical treatment related to the eye injury, the workers’ compensation insurance company also agreed to pay for medical bills related to the psychological and neck injuries. The settlement amount of $275,000 represented almost twelve (12) years of wage loss benefits in a lump sum.

A Bucks County laborer with a severely injured left shoulder settled his workers’ compensation case for $249,000 representing seven (7) years of wage loss benefits in a lump sum. During the course of litigation the injured worker was represented by Philadelphia workers’ compensation attorney Jonathan Koutcher of Pearson Koutcher Law. Mr. Koutcher successfully defended a petition to modify compensation benefits filed by the workers’ compensation insurance carrier alleging the injured worker could return to work based upon a labor market survey. Mr. Koutcher also was successful in having the list of work-related injuries expanded to include major depressive disorder. After negotiating for several months and attending a mediation, Mr. Koutcher was able to obtain a substantial settlement for the injured worker.

Pearson Koutcher Law partner Jonathan Koutcher settled the case of a Delaware County tree worker who initially injured his shoulder while cutting trees. Mr. Koutcher filed a Petition to Review Compensation Benefits to expand the injured worker’s diagnosis to include a cervical spine injury. Mr. Koutcher was successful in that litigation and the injured worker was then able to undergo cervical spine surgery. Mr. Koutcher then filed another Review Petition to add a psychological diagnosis to the case, as the injured worker became depressed as a result of being out of work and in pain due to his injuries, and in addition to obtain compensation for the injured worker’s scar from surgery on his neck. Mr. Koutcher settled the case after extensive negotiations, and the settlement totals seven (7) years of wage loss benefits.