After receiving this new Decision, the insurance carrier decided that it wanted to appeal the decision to the Des Moines County District Court, and it filed what is called a “Petition for Judicial Review” to appeal the Decision which awarded H.L.E. benefits. This Petition was filed in the summer of 2006.
In the Spring of 2007, the Iowa District Court in and for Des Moines County entered a Decision agreeing with the Iowa Workers’ Compensation Commissioner’s Decision awarding H.L.E. a 25% industrial disability. Based upon this decision, H.L.E. was awarded benefits of approximately $55,000 for this 2001 injury.
Over the next few years, H.L.E.’s condition continued to deteriorate resulting in more limitations in his ability to perform work. Based upon this deterioration, Pothitakis Law Firm filed a review reopening Petition in early 2009. The review reopening petition was a request for benefits above the 25% loss previously awarded contending that H.L.E.’s condition had changed resulting in a great loss to H.L.E.
Again, the carrier disputed that there was any change or any entitlement to additional funds. They defended the claim and indicated that they were not willing to provide any additional benefits to H.L.E. for his claim. The case was set for hearing in the summer of 2010. During the week before the hearing, the Defendants contacted Pothitakis Law Firm and indicated that they had an interest in trying to resolve the claim. At this time, the defendants indicated they would pay $20,000 to settle the claim. H.L.E. and Pothitakis Law Firm determined that this again was insufficient to resolve the claim and proceeded to hearing.
In the summer of 2010, a decision was entered on the review reopening claim finding the claimant to be permanently and totally disabled. This was a finding that given the Claimant’s age, education, injury, and restrictions that he was unemployable entitling him to lifetime benefits. The present value of the permanent total award was in excess of $400,000 in new money, plus medical associated with the claim. This again was appealed by the insurance carrier to the Workers’ Compensation Commissioner.
While on Appeal, the Workers’ Compensation carrier contacted Pothitakis Law Firm to inquire about the settlement. Ultimately, the case was settled for a confidential amount along with provisions for the payment of client’s future medical expenses.
Based upon the willingness of H.L.E. to stand his ground and remain confident in the pursuit of his benefits by Pothitakis Law firm, H.L.E. was able to turn down offers in the $20,000 to $25,000 range and receive an award that was worth approximately $400,000.
Why Choose Niko Pothitakis for Iowa Workers Compensation Lawyer
Workers’ Compensation insurance can provide those who have been injured on the job with financial benefits after an accident. Workplace injuries and accidents are unfortunately common, and many people will experience an injury at work at some point in their lives. These injuries can be difficult to deal with for a number of reasons. You may be focused on trying to obtain the best medical care possible, but health care services can be expensive. Bills from lab tests, doctor’s visits, hospitalization, rehab and more may quickly add up. In addition, your injuries may be preventing you from working and supporting your family financially. An Iowa workers compensation lawyer can help you to learn more about workers’ compensation insurance and can assist you with the claims process.
Many workers who have been injured on the job to qualify for worker’s compensation, but they fail to file a claim because they don’t believe they qualify or have been erroneously told that they don’t qualify. To obtain truthful and accurate information, it is best to work with an Iowa workers compensation lawyer with experience in this area. Niko Pothitakis at the Pothitkakis Law Firm P.C. is the workers’ compensation lawyer who you want to work with when looking into the possibility of filing a claim. Since 1991, he has been devoting his career to workers’ compensation cases, and he and his team have the knowledge, experience, and dedication to help you obtain the financial settlement that you deserve after being injured on the job.
When you initially contact the Pothitakis Law Firm P.C., you will receive more information about workers’ comp, and all of your questions about the process can be answered by the legal team. This Iowa workers compensation lawyer can help you to learn more about your legal rights, and he can help you to determine if you qualify for a claim. Simply call the Pothitakis Law Firm P.C. today to schedule your initial consultation. After being injured in an accident, this may be one of the most important steps that you can take to ensure your financial well-being.