Updated: August 20, 2024
An injured worker (who we’ll call “John” to preserve his privacy) recently came to us with multiple back injuries from work. He’s a hard worker, and turns out he was significantly injured in one claim many years ago. However, he was given appropriate care and returned to work.
Years later, though, John suffered another significant back injury.
Arizona workers’ compensation attorney Bob Wisniewski reviewed John’s claim and did what needed to be done to get the claim accepted so that the injured worker received benefits and medical care.
Of course, as is typical of an insurance company, after John received conservative care for his back, he required more extensive care and the insurance company sent him to one of “their doctors.” That doctor said the usual: it was nothing more than a sprain strain and it should have resolved itself in 6 weeks (even though it hadn’t by that time). The insurance company doctor also said it was all pre-existing degenerative disc disease because the injured worker was over 50 years of age.
Our client, John, is a hard-working gentleman who, when he testified, is sincere, soft-spoken and humble. He shared with us how he was hurt and how he wanted to try to get better so he can go back to work to support his family. He has been cooperative, doing everything his doctor has asked of him.
When faced with such a humble and likable individual, the insurance company lost that round of hearings. The judge rejected the insurance company doctor’s clearly biased opinion.
John was then awarded his surgery.
He had the back surgery, was doing well and progressing towards a full recovery. His orthopedic spine surgeon had concluded what medical care he could offer him and recommended that he receive pain management treatment. John underwent several procedures from a pain management specialist, which helped him recover better than 50 percent.
Of course, when John wanted a little bit more medical care and a few more procedures to complete the possibility of full recovery, the insurance company said “no”—and again, they sent him back to their doctor.
This time, the insurance company picked another doctor from their box and “Dr. No” said these procedures (even though he doesn’t utilize those) would do no good. The insurance company asserted that John needed no more assistance, no more medical care, no more medicine to control his pain and no more therapy—basically that he should get zero more compensation.
Once again, Bob Wisniewski went into litigation for John against the insurance company—this time for many, many months.
We are happy to report that the judge recently ruled that John was believable, credible and his doctor’s testimony was much more correct than the “doc in the box.”
Unsurprisingly, a likable, hardworking and sincere client who understates his injury and tries to go back to work, wins again.
But at what price?
It took more than 8 to 10 months of delay and litigation, during which time John wasn’t able to get the medical care and treatment he needed. In fact, he went backward in his care. And on top of that, he had to deal with the stress of litigation for himself and for his family.
Hardworking people like John are why Bob Wisniewski fights to secure benefits for injured workers in Arizona. Back injuries are complex. If you have such a case, it would be wise to contact the Law Office of Bob Wisniewski to see how we can add value to your claim.
We aren’t afraid to litigate if necessary. Bob Wisniewski has litigated over 12,000 workers’ compensation hearings across Arizona over the last 43 years. Experience counts.
