Representative Cases

Over the past 20 years, our law firm has represented hundreds of injured people in workers' compensation cases. Our representative cases include:

Head Injury

• Claimant, a teacher, had an accepted claim for concussion. The insurer awarded her $35,000 in permanent impairment in a Notice of Closure. We appealed that Notice of Closure and secured an additional $76,000 in permanent disability benefits.
• Claimant, a telephone company employee, suffered injuries in a work-related motor vehicle accident. The worker’s compensation insurer denied medical treatment for “post concussion syndrome.” We took this claim to hearing and won, assuring claimant’s continued benefits for her headaches, dizziness, and vision problems.
• Claimant, injured in a work-related motor vehicle accident, suffered perilymph fistulas (holes in the inner ear) that caused dizziness, balance, and vision issues. We challenged SAIF’s denial of perilymph fistula and visual mid-line shift and won at hearing, securing important medical benefits and the right to permanent disability and future time loss. When SAIF closed his claim, they awarded $61,000 in a Notice of Closure. We challenged the Notice of Closure and won an additional $48,000 in permanent disability benefits.

Unreasonable Denial, Hip and Knee Injury

• Claimant, a concrete worker, was injured on the job and filed a claim for knee and hip injuries. The employer denied the claim. We won acceptance of the claim at hearing as well as a ruling from the judge that the employer’s denial of the claim was unreasonable, securing a 25% penalty on all back time-loss payments as well as a right to medical care. After claimant was able to seek care, it was determined that he needed a hip replacement.

Neck Injury

• Claimant had an accepted “neck strain” claim from a 2003 work-related motor vehicle accident. Insurer denied her recent claim for “C6-7 disc injury.” We won this claim at hearing and at the Workers’ Compensation Board, ensuring our client’s right to surgery, time-loss benefits, and permanent disability.

Low Back Injury

• Claimant, a metal fabricator, suffered a back injury in 1995 that the insurer accepted as a “lumbar strain.” Claimant continued having chronic back pain. We made a claim for L5-S1 disc herniation and annular tear which was denied. We recently won this claim at hearing and at the Workers’ Compensation Board.

Mid Back Injury

• Claimant, a nurse, was attacked by a patient and suffered mid back pain that has continued for many years. The insurer initially accepted a “thoracic strain.” In 2010, the insurer denied claimant’s omitted condition claim for T6-7 disc injury. We challenged this denial and won at hearing.

Shoulder Injury

• Claimant, a massage therapist, had a denied occupational disease claim for left shoulder biceps tendon tear, subacromial impingement and calcific rotator cuff tendinitis. We won the case at hearing and will follow this claim to make sure claimant gets an appropriate permanent disability award and vocational benefits if she cannot return to her job.

Hernia

• Claimant, a receiving clerk, filed a claim for inguinal hernia after loading a gun safe at work. The employer denied the claim because he did not report the injury right away. We won this case at hearing.

Hand, Wrist, Elbow Injuries

• Claimant, an iron worker, had a denied claim for an ulnar injury that left him with a claw hand. We won this claim at hearing, securing his right to permanent disability award and vocational benefits valued at over $100,000.
• Claimant, a machine operator, developed epicondylitis in the right elbow. SAIF denied the claim. We challenged the denial and SAIF agreed two days before the hearing to accept the claim.
• Claimant had Scapholunate advanced collapse (SLAC) in both wrists which were denied. We challenged the denial and SAIF accepted the claim shortly before hearing.

Leg

• Claimant, a steel worker, shattered femur in a fall from a ladder at work. Although the insurer accepted the claim for a broken leg, it denied claimant’s lower leg neuropathy condition and closed the claim with little permanent impairment and no vocational benefits. We won the claim for neuropathy and secured additional permanent impairment benefits and a vocational program for him.

Time Loss Disputes

• Claimant, a temporary worker for Nike, developed De Quervain’s tenosyovitis in both wrists. The insurer accepted the claim for the right wrist but stopped paying time loss. We won all back time-loss plus a 25% penalty for the insurer’s unreasonable actions. The insurer denied claimant’s left wrist claim, which we challenged and won.
• Claimant, a road construction worker, had an accepted claim, but the insurer calculated his time-loss benefits using his wage from a previous job. We challenged this calculation, arguing that the insurer should have used the wage rate from his new job, and won, forcing the insurer to pay back time loss benefits at the higher wage rate.
• Claimant, a restaurant worker, had an accepted claim for a broken leg. The insurer had calculated her time loss without considering that claimant’s duties had substantially changed before her injury. We challenged the insurer’s calculation and they agreed to raise her time loss rate based on our argument.

Vocational Disputes

• Claimant, a former house painter, was in a vocational program, but the insurer stopped the program stating he was not complying with their rules. We challenged the insurer’s denial of further vocational training, and won. Claimant’s vocational program was restored.
• Claimant, a former warehouse worker, was in a vocation program, but wanted to extend the program for a longer period. The insurer refused. We challenged the insurer’s refusal and won, extending claimant’s vocational benefits another 5 months.
• Claimant, a former warehouse worker, had an accepted shoulder claim that prevented him from returning to his job-at-injury. The insurer found that he was not eligible for vocational assistance because he could return to some suitable work. We challenged the insurer’s decision and won after evidence indicated claimant’s physical limitations would restrict him from doing the jobs the vocational counselor thought he could do.

Medical Services Disputes

• Claimant had an accepted head injury from 1997. In 2007, she required dental implants because of temporomandibular joint (TMJ) disorder, caused by the work accident. The worker’s compensation insurer denied paying for this treatment valued at $16,000. We challenged this denial of medical services and won.
• Claimant had an accepted low back claim and had surgery in 2008. In 2011, claimant’s doctor requested another surgery which the insurer refused to authorize. We challenged the refusal and won the right for claimant to have another surgery.

Important Court Cases

• Ahlberg v. SAIF (2005) - We won a workers’ compensation case for a worker whose 1984 hearing loss claim had been denied. The Court agreed with us that the worker was not precluded from bringing a claim based on the worsening of his hearing loss in 2002, as long as he could show that working conditions caused both the original loss and its worsening.
• Matthews v. Polymerland, Inc. (1992) - A case involving liver damage resulting from exposure to work place toxic chemicals which was resolved by settlement having a present value of $1.3 million.
• Williams v. Waterways Terminal Company (1985) - We represented the plaintiff in an Oregon Supreme Court case which established that injured workers have a right to demand return to their jobs.
• Hodge v. Sullivan (1994) - We won a federal decision preventing most offsets of state workers' compensation awards against social security benefits in Oregon.
• Irving v. Baugh Construction, et al (1994) - $347,000 jury verdict in workers' compensation third party case for sheet metal worker injured when scaffold collapsed at a construction project.
• Yokum v. SAIF, et al (1994) - We won a workers' compensation case on behalf of a painter for chronic encephalopathy (brain damage). The painter worked for seven different employers over a 15 year period.
• Miller v. Kamper Korner (1995) - $607,000 verdict of Oregon Department of Transportation (ODOT) worker hit by a truck as he removed a hazard from 1-5 traffic lane.
• Woodbury v. CH2M Hill (1998) - $11.5 million verdict on behalf of a field geologist rendered quadriplegic by fall at environmental hazard cleanup site. Fall caused by inadequate supervision and training by general contractor. Oregon's largest workers' compensation third-party jury verdict.