How an injured Virginia Worker received lifetime workers' compensation benefits!

LIFETIME MEDICAL BENEFITS IN A VIRGINIA WORKERS COMPENSATION CASE

I will call him John Doe. He suffered his original injury in 2009. At his shop, he slipped on ice suffering neck and back injuries. He subsequently had three operations on his back and one on his neck. As a result he had permanent injuries. He used a wheelchair to get around and he was unable to work. 

In Virginia for a work injury you get about 10 years of benefits. In some rare cases, you can get lifetime benefits. This requires proof you had lost two extremities or the loss of use of two extremities to the extent you cannot use those extremities in employment. 

John Doe's doctor said he had lost 17% of his left leg and 12% of each arm due to back and neck injuries. This did not seem to be enough to prove 100% disability. 

However, a vocational expert evaluated John Doe and said he could not work in "any" capacity. This was mainly because he was confined to a wheelchair due to back and leg pain. Thus, the insurance company was willing to give John Doe a lump sum of $300,000.00 and lifetime medical benefits for his neck and back injuries. 

John Doe was very fortunate. With his lump sum, he was going to buy a handicapped van. We also won Social Security Disability for John. 

Jerry Lutkenhaus has been a practitioner of Virginia Workers Compensation law in the Richmond, VA for over 35 years. He was given an "AV" rating by Martindale-Hubbell in 2003. Richmond Magazine has listed Mr. Lutkenhaus as one of the best lawyers in central Virginia. There is more information at  www.geraldlutkenhaus.com. In 2010 he was given AVVO's highest rating of "superb" in their system. http://www.avvo.com/attorneys/23230-va-gerald-lutkenhaus-1814627.html

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