Mazan and Lanier Both Achieve Permanent Total Disability for Two Deserving Workers’ Compensation Clients
Congratulations to both Andrew Mazan and Jim Lanier for their recent victories on behalf of Warnken, LLC workers’ compensation clients. In fiscal year 2020 – the last year for which there are official statistics, there were only 25 permanent total disability awards in Maryland workers compensation. Warnken, LLC had two – just last month.
Andrew Mazan’s client was awarded life-long compensation for a shoulder injury he sustained while lifting a heavy lever at work. An MRI revealed a torn rotator cuff, and he underwent extensive surgery to repair it. Several months later the client was back at work when his shoulder tore again. He has been in severe pain ever since. Shoulder injury cases in workers’ compensation can have significant value.
Mazan requested a hearing before the Workers’ Compensation Commission (WCC) to determine the client’s level of permanent disability due to his shoulder injury. PPD/PTD is a designation by the Workers’ Compensation Commission for an injured worker with a partial disability or total disability that is permanent in nature. At the hearing Mazan conveyed to the WCC how much his client’s life changed after the accident at work. It was then determined that his client was permanently and totally disabled. Permanent total disability (PTD) is significant. In this instance, the worker is entitled to payments for life or until they are no longer permanently and totally disabled.
Andrew’s client was initially concerned about the outcome of his case because he had a preexisting right shoulder injury that occurred over ten years prior to his accident at work. Prior injuries don’t necessarily mean a bad outcome to a work comp claim. The employer/insurer is only liable for injuries arising out of the workplace, but the Subsequent Injury Fund, in some circumstances, actually pays you for significant pre-existing conditions. Involving SIF in a work comp claim can substantially increase benefits to an injured worker. But it is also complex. You must demonstrate that the dual effects of a preexisting injury and a workplace accident are severe enough to merit lifelong compensation. In this case Mazan went above and beyond in getting the maximum amount his client was entitled to.
Jim Lanier also achieved permanent total disability for his client. The case, however, was appealed by the Employer/Insurer to the Circuit Court for Anne Arundel County. We fight on for the injured worker, with a huge win in our back pocket. We will publish more details on that case after the appeal is completed.
