Restaurant Workers: Common Injuries and Compensation Rights

Response from the owner:Thank you Owen. Fighting for the injured is my passion over the past 30 years. We've represented 1000's of people injured at work and in car accidents. We have deposed over a 1000 doctors regarding injuries such as lumbar and cervical disc herniations, lumbar and cervical fusion surgeries, rotator cuff injuries, concussion and traumatic brain injuries, fracture bones, hip, knee, shoulder, and ankle replacements, paralysis, and wrongful death. I don't like insurance companies and only represent the injured. I am not a large advertising law firm that settles cheap to meet monthly quotas. We fight hard for every client. The compensation we obtain for the injured is both federal and state tax free. We never ask our clients for a penny as all cases are handled on a contingency fee. James Hoffmann 314 361 4300 [email protected]

Response from the owner:Thank you Jaedah. It is my pleasure to represent the injured across the state of Missouri: St. Louis, Kansas City, Kennett, St. Joseph, Rolla, Springfield, Cape Girardeau, Jackson, West Plains, Columbia, Farmington, Poplar Bluff, Sikeston, St. Charles, Kirksville, and more! Work comp and car accidents are my passion.

Response from the owner:I've been fighting workers comp and car accident insurance companies for 30 years. Claim adjusters don't want to pay reasonable compensation for any injury whether it's a lumbar fusion, herniated disc, fractured bone, rotator cuff tear, brain injury, or even death. Personal injury attorneys and workers compensation lawyers need to retain medical experts, vocational experts, and life care planners. A trial setting is the only thing that makes an insurance adjuster "see Jesus." FYI. There are a lot of TV ads and billboards claiming "bigger is better." That is not true. Some of those firms are from out of state and simply hired a few attorneys here in Missouri. And, always remember, quality over quantity. One good trial attorney is way better that 100 average attorneys who only settle cases to meet monthly quotas to pay the millions in advertising fees. Law Office of James M Hoffmann LLC Jim Hoffmann 2001 S. Hanley, suite 325 St. Louis, MO 63144 314 361 4300 [email protected]

Response from the owner:Hello Shannon! Thank you for the kind words. It's my passion to help the injured and I am grateful that you allowed me to represent you. Insurance companies are bullies. As a kid, I never liked a bully and fought them to protect others. Didn't always win those fist fights as a kid, but I sent a message. Glad to continue those fights in the courtroom. God bless, love and hugs Jim

Response from the owner:Thank you Jay. Recent settlements include over a $1 million for a work comp low back surgery; over $1 million work comp settlement for vision and lung damage due to chemical exposure at work; over $320,000 for a severe ankle injury at work; over $400,000 for a fracture leg due for a pedestrian crossing the street and being struck by a car; and $200,000 for a victim of a dog attack. All of these cases involved years of depositions and expert testimony. Insurance adjusters know that we fight for the injured and will go to trial.

Response from the owner:Thanks Taylor. Big or small cases, my passion is to fight for the injured in Missouri. We represent injured employees under work comp and victims of negligence, such as car accidents, across the state of Missouri. From Kennett to Kansas City, from Cape Girardeau to Joplin, from St. Charles to Columbia, from Kirksville to St. Joseph, we have helped the injured.

Response from the owner:Thanks Jay. We just received a favorable decision from the court of appeals reinstating an award of $200,000 in denied medical by the work comp but was taken away when the employer and work comp insurer appealed to the LIRC. The court of appeals ruled that the LIRC made up laws that do not exist and that the hearing judge's award for the denied medical was spot on with Missouri work comp law. The appeals took several years, but thank god my client was willing to fight this battle. The denied bills were for a 2 level lumbar fusion for 2 herniated discs due to lifting heavy items at work. We won wage loss, permanency, and future medical care as well.. and now he gets the denied medical bills too. Fighting for the injured. James Hoffmann Your Missouri car accident and workers comp lawyer 314 361 4300 [email protected]

Response from the owner:Thanks James. From interviewing a few former secretaries of a law firm that advertises a lot, I discovered that the law firm had monthly settlement quotas in order to pay for all of the advertising. The secretaries left the large law firm because they were upset at how cases were being settled cheap to meet the quotas. Bigger is not better. I have gone to trial and taken more depositions than the big firms. It's the quality of the lawyer that counts and not the size of the law firm.

Response from the owner:Thanks Glenn. Missouri residents need to contact their state representative about proposed changes to Missouri workers comp laws that only benefit the insurance company and limit the compensation to the injured worker. Jefferson City is full of state representatives and senators who do favors for the insurance companies because they like the donations and high paid lobbying jobs after they leave office. When work comp laws become so favorable to the insurance companies, lawyers stop representing the injured worker because the laws limit what the lawyer can do for the employee and how much he/she gets paid. Write the governor. Write your state rep and state senator. Tell them your story about how the employer, the insurer, or the work comp doctor mistreated you. Tell them you will not vote for any person who passess work comp laws that limit the recovery of the injured worker.

Response from the owner:Thank you Tonka. Remy and I are preparing for a permanent and total disability trial on Friday. Employee alleges that because of the work injury and two level lumbar fusion, she is unable to return to work. Another issue will be pursuing denied medical for the lumbar fusion surgery. Plus, we are pursuing future medical for life. The work comp adjuster sent my client a doctor who alleged my client suffered no back injury despite work comp sending my client to doctors immediately after the injury who diagnosed herniated discs and radiculopathy... and then did three lumbar steroid injections. Proud to fight for the injured. Law Office of James M Hoffmann 2001 S. Hanley suite 325 St. Louis, MO 63144 314 361 4300 [email protected]

Response from the owner:Thanks Phylicia. 30 years of representing 1000's of injured workers and car accident victims. Proud to be a Missouri personal injury and workers compensation attorney. We represent the injured across the entire state of Missouri. James Hoffmann St. Louis, Mo work comp and car accident lawyer 314 361 4300

Response from the owner:Thanks Angela. Across the state of Missouri from St. Louis to Kansas City, from Cape Girardeau to Kirksville, from Columbia to St. Joseph, from Springfield to St. Charles, we represent and fight for those injured under Missouri workers compensation and in car accidents. Wrongful death, amputation, lumbar fusion, disc replacements, shoulder replacements, knee surgery, fractured bones, carpal tunnel, ankle fusions, and more, we have fought for the injured. Law Office of James M Hoffmann 314 361 4300 [email protected]

Response from the owner:Very kind of you Kendall. Unlike the tv guys who are either from St. Louis but never step foot in court or are not from St. Louis and have never been in a MIssouri court, I've been taking depositions and trying cases in Missouri for over 30 years. I have deposed orthopedic and neurosurgeons regarding herniated discs, disc extrusions, neck fusions, back fusions, disc replacements, fracture vertebrae's, paralysis, and death. I've deposed doctors about hip fractures, hip replacements, knee replacements, shoulder joint replacements, shoulder fusions, carpal tunnel surgery, cubital tunnel surgery, ankle surgery, ankle fusions, lis franc fracture dislocations, traumatically induced arthritis, and future medical for life. I've depose psychiatrists about depression, anxiety, and PTSD caused by injury and/or chronic pain . I've deposed neurologists regarding TBIs, or traumatic brain injuries, skull fractures, brain bleeds, and post concussion syndrome. We spend money on expert witnesses as the work comp insurer will have experts who will deny your claim. I've taken 1000's of depositions and tried 100's of cases. Those guys on tv have not. Law Office of James M Hoffmann 2001 S. Hanley, suite 325 St. Louis, MO 63144 314 361 4300 [email protected] Your Missouri car accident and workers compensation attorney

Response from the owner:Thanks Jeffrey. My son, Remy Hoffmann, and I only represent those injured whether at work, car accidents, falls, product defects, dog bites or malpractice. Strains, sprains, herniated discs, fusion surgeries, amputations, joint replacements, compound fractures, rotator cuff surgeries, disc replacements, concussions, traumatic brain injuries, loss of vision, hearing loss.. we have successfully obtained compensation for pain and suffering, past medical bills, future medical care, loss of income, and permanent total disability. We are not the big firm advertisers who have monthly settlement quotas. We fight equally hard for every client across Missouri from St. Louis to Kansas City, Springfield, Rolla, Columbia, Jefferson City, Kennett, Cape Girardeau, Branson, Troy, St. Joseph... . Glad to help. All cases on a contingency fee which means we will never ask a client for a penny. Law Office of James M Hoffmann James Hoffmann Remy Hoffmann Missouri personal injury attorneys 314 361 4300 [email protected]

Response from the owner:Thanks Ryan. We recently went to trial on a denied Missouri workers compensation low back injury that caused two herniated discs, radiculopathy, and eventually required a two level lumbar fusion. Once a case is tried, the attorneys have 30 days to submit proposed awards. The work comp judge has 90 days to issue a final award. We had orthopedic and neurosurgeon experts testify as to causation, permanency, wage loss, the denied medical bills. We also requested sanctions as the employer/insurer denied the injury even before a doctor reviewed the case on behalf of the employer. I cited a prior trial award I obtained for a client where we received an award that included sanctions: The LIRC in Nouraie v. MO. Baptist Medical Center et al, Injury No.: 10-111746, March 13, 2013, sanctioned the employer for refusing medical care in connection with a repetitive use claim. The Employer obtained an expert long after the wrongful denial of benefits. This did not justify the prior wrongful denial. The LIRC explained: “In any event, whether an employer has sent a worker for a medical examination prior to denying a claim is a factor for our consideration in determining whether an employer had reasonable grounds for denying a claim.” The LIRC in Nouraie also explained: “The courts have instructed us we are only to award such costs “where the issue is clear and the offense egregious.” Landman v. Ice Cream Specialties, Inc., 107 S.W.3d 240, 250-251 (Mo. 2003). We think it is clear that employers have an obligation to investigate the circumstances giving rise to alleged work injuries before denying benefits. And where the worker is available to discuss the injury, we think any reasonable employer conducting an investigation designed to determine whether an injury is work-related would discuss the alleged injury with the worker. In the instant case, Ms. Bequette, as employer's agent, denied evaluation, treatment and benefits to employee without even discussing employee's alleged back condition with employee. We think employer's act of denying workers' compensation benefits to employee before even discussing the alleged injury with employee constituted an egregious offense. Based upon the forgoing, we find employer defended this claim at the outset without reasonable ground.”

Response from the owner:Thank you Michelle. If you are injured while working in Missouri, or if you are hired while in Missouri and injured whether in or out of Missouri, we can pursue a Missouri workers comp claim for you. Workers injured due to another's fault, such as a car accident or machine failure, can also pursue a civil claim for personal injury in addition to a work comp claim. Merry Christmas. James Hoffmann, Missouri work comp and auto accident attorney 314 361 4300 [email protected]

Response from the owner:Thank you Barb.

Response from the owner:Thank you Dave. We recently finished an all day work comp hearing. Below is a summary: Claimant, a full-time carpenter for Employer, developed low back pain in September of 2017 making cabinets and displays for the Employer. Claimant’s job is physically demanding. Cabinets and displays can range from 60 to 500 lbs. Claimant job duties include lifting displays weighing up to 500 hundred pounds during the assembly process. Carts, each with 100 lbs of materials, are brought to Claimant who must lift the materials from each cart and assemble same. In October 2017, Claimant’s job duties caused his low back soreness to become severe pain with numbness down his right leg. At the final hearing, the Employer/Insurer produced no evidence of non-work activities that could have caused, or did cause, Claimant’s low back pain. When Claimant’s low back pain became severe in Oct. 2017, he sought treatment with a chiropractor, Dr. Lynch, on 10/17/20217. Claimant then, on 10/23/2017, reported to Employer a repetitive use work injury to his low back. He went sent to Concentra by the Employer but left due to delays in providing immediate treatment as he had severe pain and radiculopathy. He went immediately to an urgent care and returned to work with a light duty slip for 6 weeks for which the Employer complied. Despite asking the Employer for additional treatment during the next few months, none was offered. He kept the Employer informed of the treatment he was receiving on his own. IN December 2017, Claimant contacted attorney James Hoffmann who instructed Claimant to hand deliver a letter to the Employer making a written demand for treatment. Claimant delivered the letter in December 2017. At the hearing, Employer presented no evidence that it disputed the contents of the letter. Immediately after receiving the letter, the Employer contacted the Insurer which then sent medical authorizations to Claimant who signed and immediately returned same to the Insurer. The Insurer then obtained a statement from Claimant in Dec. 2017 where Claimant informed the adjuster of a repetitive use low back injury at work and need for treatment. After 6 weeks of light duty, Employer requested another light duty slip which Claimant provided. Claimant continued to work light duty until Feb. 15, 2018, when Employer informed Claimant there was no more light duty and sent Claimant home. In the meantime, neither the Employer nor the Insurer offered treatment. The Employer’s attorney was aware of Claimant’s treatment as he was sending copies of Claimant’s medical records to Claimant’s attorney received via the authorizations signed by Claimant. In Feb. 2018, Claimant’s attorney obtained a medical report from Dr. Armond Levy who related lumbar disc herniations and the necessity of surgery to Claimant’s work for Employer. Several demands were sent IN Feb. 2018 to the Employer for the surgery recommended by Dr. Levy and for TTD. At the hearing, Employer presented no evidence of any response to the demands for treatment and TTD made by Claimant’s attorney in February 2018. Claimant then underwent 2 surgeries on his own for his low back, the first being in March 2018 and the second in August 2018. During that time, no TTD or treatment was offered. When Claimant returned to work in November 2018, after recovering from the second surgery, he was informed by the Employer that he was fired. The Employer eventually sent Claimant to a physician, Dr. Bernardi, in November 2018, who is of the opinion that a person cannot suffer a repetitive use herniated disc. It is his opinion that herniated discs can only acute, and that any degenerative changes in the low back are genetic and cannot be caused by repetitive use occupations. In other words, Employer sent Claimant to a doctor who disagrees with Missouri law which specifically recognizes and accepts repetitive use injuries. Claimant had zero chance of a favorable opinion from Dr. Bernardi

Response from the owner:Thanks Blair. We are preparing for another trial! Client worked as a carpenter and injured his L4-5 and L5-S1 discs from repetitive heavy lifting. We made several demands for treatment. We obtained an opinion from a neurosurgeon and an orthopedic surgeon that back surgery was necessary. The employer refused treatment so our client had surgery, a lumbar fusion, on his own. We are pursuing the employer/insurer for 6 months of wage loss, denied medical of $245,000, permanency, and future medical for life. Law Office of James M. Hoffmann 2001 S. Hanley, suite 325 St. Louis, MO 63144 314 361 4300 [email protected] Your Missouri workers comp and car accident attorney.

Response from the owner:Thanks Justin. Happy to report another win a trial. Client injured his knee at work. He underwent a meniscus surgery. The doctor also "cleaned up" other degenerative changes in the knee. This is called a chondroplasty. After the surgery, client's knee go worse. The doctor blamed prior arthritis even though my client had no prior knee issues and no prior pain. Yes, at his age he had prior natural degenerative changes. We retained experts who testified that chondroplasty caused those areas top become inflamed and painful, thus causing the "arthritis." We argued that prior to the injury, there was no "itis", which means inflammation and pain. We argued that all of the "itis", and thus arthritis, was due to the surgery. The judge agreed and also awarded future medical for life which includes knee replacements. So, why did the doctor shave areas in the knee that were not symptomatic? Look at the bill: a meniscus surgery is onl $3000; but for every other area he "cleaned up", he gets $3000 for each area. Law Office of James Hoffmann 314 361 4300 [email protected] Your Missouri workers comp and car accident lawyer

Response from the owner:Thanks Katie. We also help families through car accidents and slip/falls. We recently recovered $500,000 for a client who fell at service station! James Hoffmann 314 361 4300 [email protected]

Response from the owner:Thank you Zach. I represent injured Missouri workers from St. Louis to Kansas City and all throughout Missouri: Springfield, Cage Girardeau, Hannibal, Rolla, Columbia. Ozarks. Kennett, Poplar Bluff, etc. We fight hard for every client and do not have monthly settlement quotas like the big advertisers do to pay for all of their advertising! Law Office of James Hoffmann 314 361 4300 [email protected]

Response from the owner:Falls at work are not compensable under Missouri work comp unless it is shown that something specific at work caused the fall. Just walking and stumbling for no reason is not work comp. Walking, and carrying a box, which causes you to stumble because you can't see your feet is work comp. Falling down stairs because you missed your step is not compensable unless you missed the step because you were in a hurry for a work issue; or you were carrying work items and that affected your line of sight. Having to wear certain shoes is work specific if the shoes are awkward and contributed to your fall. James Hoffmann attorney St. Louis workers comp and car accident lawyer 314 361 4300 [email protected]