Ten years of hard work, then employer disowns employee
FACTS: Worker had been working on and off for ten years for Employer, doing hard manual labor and construction. Employer paid cash and did not withhold taxes or maintain any paperwork on Worker. Worker falls at work and severely injures back. Employer then maintains that Worker did not work for them, and denies compensation.
ACTION: Besse Law Office filed for the Claim for Compensation, set for hardship mediation and hearing, and engaged in extensive discovery by subpoenas and depositions to prove Employer/Employee relationship and wages paid.
OUTCOME: Employer ordered to pay back wages, provide medical treatment and 25% lump sum permanent partial disability award.
Employee crushes foot in car accident
FACTS: Employee was driving a large truck delivering a boat to a customer, when he is passed by another motorist and forced off the road. The result is that Employee loses control of the vehicle, and is forced into the path of an oncoming tractor-trailer. The tractor-trailer hits Employee’s truck broadside on the driver’s side door, and Employee’s foot is severely crushed.
ACTION: Besse Law Office represented Employee throughout the Workers Compensation process, securing an award. Besse Law Office also represents Employee in a claim against the Uninsured Motorist policy, and files suit on the same in Jackson County, Missouri.
OUTCOME: Employer ordered to pay all medical and lost wages as well as a 55% disability award for the crushed foot. Besse Law Office also secures a settlement for $175,000.00 for the uninsured motorist claim.
Employee sent back to work while still hurt
FACTS: Employee fell from a moving forklift at work, breaking his wrist and hurting his back. No treatment given on back, wrist is set and after cast removed and rehabilitation finished, Employee is released by the Work Comp. doctor to full duty. Employee has greatly diminished grip strength and pain in back and cannot work. Temporary wage benefits ceased and no further treatment authorized.
ACTION: Besse Law Office files the Request for Hearing, requests a Preliminary Hearing and sends Employee to an independent doctor for a second opinion. Second opinion doctor finds that treatment needed on back and surgery necessary for carpal tunnel syndrome on hand. Matter proceeds to trial.
OUTCOME: Employee awarded all medical treatment recommended, as well as back award of lost wage benefits, and a permanent partial award of 25%.
Employer found to be insolvent and without workers compensation insurance
FACTS: Employee works for a small, family-owned stucco company, and falls at a jobsite, injuring his back. Upon Employee filing for Workers Compensation, employer goes out of business, and discloses that no work compensation insurance policy exists. Employee has no health insurance benefits and cannot work due to the injury.
ACTION: Besse Law Office files a claim with the Kansas Workers Compensation Fund, sets for hearing and an Independent Medical Evaluation is secured. Upon receipt of the same, the court orders all benefits paid by the Fund.
OUTCOME: Award secured for lost wages, medical treatment and a lump sum for permanency.
Work Comp Judge finds that injury not compensable, reversed on appeal taken by Employee
FACTS: Employee hurt his finger on a garage door at work, and seeks medical treatment. Employer denies the same, and a hearing is requested on the issue of compensability, as employer alleges that the condition is pre-existing and not compensable. Work Comp Judge finds that the injury is pre-existing and denies compensability.
ACTION: Besse Law Office appeals the Judge’s decision to the Kansas Division of Workers Compensation Appeals Board.
OUTCOME: Judge’s ruling REVERSED, and injury found to be compensable.
Insurance companies pointing fingers at each other
FACTS: Employee tears a rotator cuff while working on an assembly line in a camper manufacturing company. Employee does not seek medical treatment for some time, but reports the injury to Employer as required by law. Employee seeks medical treatment some 3 months after initial report of injury. Employer switched work comp insurers in the interim period, and now both carriers refuse to cover the claim.
ACTION: Besse Law Office files the Claim for Compensation, and takes the matter to Mediation. The issue of a change in carriers is briefed for the Court, with Employee alleging that the second carrier should bear the exposure.
OUTCOME: Court rules in favor of Employee and awards full benefits against second insurer (adopting the “last exposure” rule advocated by the Employee), including a 25% permanent partial impairment to the shoulder.