Case Summary

Workers Compensation

Claimant, while employed at a local manufacturing plant, suffered an injury to his right upper extremity in 1995. Claimant worked sporadically between 1995 and sometime in 1997 began receiving total disability benefits. Claimant consulted with Schemery Zicolello in 1997 when the employer attempted to terminate his benefits. Schemery Zicolello was successful in defending against the Termination Petition and Claimant’s ongoing benefits continued until 10 years later at which time Claimant’s wage loss benefits were resolved. The parties agreed that the employer would leave the Claimant’s medical entitlement open and that Claimant would continue to receive reasonable, necessary and related medical expenses to the right upper extremity injury. Thereafter, Claimant began receiving Social Security Disability benefits as well. In 2022, some 27 years after the original injury, the employer continued to honor Claimant’s medical expenses related to his right upper extremity. The employer filed a Petition to Terminate Claimant’s benefits, alleging that Claimant had fully recovered from the 1995 injury. SZ defended against the Petition by demonstrating that Claimant had developed a significant and ongoing chronic pain syndrome related to the initial injury to the right upper extremity which warranted ongoing medication for chronic pain management. In 2023 after lengthy negotiations, the employer agreed to pay Claimant $164,000.00 which included a Medical Set Aside Trust in the amount of $114,000.00. As a result of Claimant’s injury and with the help of Schemery Zicolello’s representation, Claimant received total wage benefits in the sum of $210,000.00, plus $357,905.00 in medical benefits over the life of his claim.