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Successful
Results
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| 1)
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.
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| 2)
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.
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| 3)
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%.
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| 4)
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.
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| 5)
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.
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| 6)
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.
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