Construction Site Accident Verdict

$1,030,000 – Construction Site Accident

Award Amount: $1,030,000

Location: Boston, Massachusetts

Construction Site Accident

Workers’ Compensation – Back Injury

Amount of award – present value – approximately $1,030,000

Injuries alleged: Left L4-5 facet arthropathy

Name of case: Plaintiff v. Cashman/KPA

Court/case#: United States Department of Labor, Case No. 99-LHC-1853

Tried before judge or jury: Judge

Name of judge: Daniel F. Sutton

Date: June 2002

Attorney for plaintiffs: David J. Berg, Latti & Anderson LLP, Boston

Attorney for defendants: Withheld

The plaintiff was a pile driver superintendent for Cashman/KPA. He was injured on April 21, 1998 when he was crushed between a fender and a pier. As a result of the injury, he suffered a left L4-5 arthropathy (arthritis of the vertebra).

The insurer at all times contested liability and the claimant’s disability vigorously.

After a hearing in August 1999 before the Department of Labor with respect to the claimant’s entitlement to temporary total disability benefits, the claimant was awarded benefits. A second hearing was then held in August 2001 regarding the claimant’s entitlement to permanent and total disability benefits, which the insurer contested even more strongly, submitting the medical testimony of 2 of its physicians.

The Judge issued a written decision in June 2002 awarding the claimant permanent and total disability benefits. Based on the method of calculating present value set forth in the Department of Labor regulations, the present value of the award is approximately $1,030,000.