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Law Offices of Brian Cunha & Associates Settles Workers' Compensation Case, Complication from Injury Resulting, for $417,000


News provided by

Brian Cunha & Associates

Jul 05, 2011, 10:00 ET

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PROVIDENCE, R.I., July 5, 2011 /PRNewswire/ -- A 40-year old female was employed as a welder when a box fell from a shelf and struck her shoulder and neck in May of 1997.  The employee hired Brian Cunha & Associates to represent her in her workers' compensation claim against her employer's insurance company.

She subsequently developed a complex mix of symptoms that led multiple doctors to arrive at different diagnoses.  The employee underwent surgery on both wrists and elbow but continued to be symptomatic.  

By 2003, after consulting and treating with at least 16 doctors, she was finally diagnosed with a highly unusual problem called Complex Regional Pain Syndrome.  During this time, the workers' compensation insurer frequently denied payment of medical bills and challenged her need for the treatment of its relationship to her work injury.  She had also applied for and was receiving Social Security Disability Insurance benefits which were reduced by the amount of benefits she was receiving from workers' compensation.

Following the initial injury, the employee had been represented by three different attorneys, who were unsuccessful in resolving her case.  After receiving the diagnosis of Complex Regional Pain Syndrome, she transferred her representation to Brian Cunha & Associates.  Attorney Honey Polner filed a claim with the Department of Industrial Accidents to obtain permanent total disability status and won the trial.

The employee continued to require treatment for her diagnosed Complex Regional Pain Syndrome and the insurer continued to challenge and deny payment for that treatment.  Each time, Attorney Polner successfully pursued payment, either by convincing the insurer to pay, or by filing multiple claims against the insurance company in the Department of Industrial Accident's Court.

Attorney Polner also determined that the employee was no longer subject to an offset of her Social Security Disability benefits and obtained cost of living increases from the workers' compensation insurer.

The employee continued to receive total disability benefits.   However, after extensive negotiations her case settled.  Following a settlement in the amount of $417,000.00, her related medical bills will continue to be paid for by the workers' compensation insurer.  The settlement amount represents 17 years of future weekly benefits.

The Law Offices of Brian Cunha & Associates specializes in personal injury and workers' compensation cases and represents clients from all over New England including Southeastern Massachusetts and Rhode Island with three offices conveniently located in East Providence, Rhode Island, Fall River, Massachusetts and New Bedford, Massachusetts. If you or someone you know has been injured, call the Law Offices of Brian Cunha & Associates at toll-free 800-322-8300, or click on http://www.BrianCunha.com.

SOURCE Brian Cunha & Associates

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