$245K neck injury
Client was 45 year-old sales manager for insurance company and was involved in relatively mild freeway collision while on the job with no emergency room care. However, he’d had a long history of prior neck and arm problems,and his employer sent him to their clinic for examination. He was essentially told at the WCAB clinic to take two aspirin and rest , so he transferred his care back to his prior chiropractor without employer approval. After six months of adjustments paid for by his group health insurer, he was released from care. A few months later while playing golf, he noticed increased neck pain and returned to the DC, who referred him to an orthopedic surgeon. A surgical fusion at C5-6 was performed with good results a month later, and he worked at home for two weeks before returning to his job, which required extensive traveling. He had no lost income. Adverse driver had minimal policy and paid their $15,000 limits, which were held in trust pending outcome of WCAB claim. WCAB insurer denied claim initially based on failure to treat with prescribed physician and lack of proper documentation from DC. WCAB claim was thereafter settled for $30,000, plus payment of outstanding medicals not covered by group health insurer. UIM claim was then brought against client’s employer, which was settled for $230,000 after WCAB insurer was given credit for $5,000 out of $15,000 3rd party settlement.