Attorney Lee Alhambra obtained a $239,000 workers' compensation settlement for a 65 year old lineman, who sustained a rotator cuff tear as a result of a fall from a ladder. Following rotator cuff repair surgery, the injured worker was given permanent restrictions that prevented him from returning to his job as a lineman. The employer denied that the worker sustained a diminished earning capacity as a result of his injury, claiming that the worker voluntarily removed himself from the job market by opting to retire from a job he was no longer physically able to do. The employer settled after Attorney Alhambra was able to show that no stable labor market exists for a 65 year old man with a 25 pound lifting restriction.

In August of 2010, I received a call from a potential client. He had just discharged his prior attorney so I scheduled a meeting with him to provide a free initial consultation. At the time of our meeting he brought in several documents and most importantly, a disc with hours of surveillance that was taken of him by a private investigator hired by the worker's compensation insurance carrier. Based upon this video surveillance, the insurance company had terminated his workers' compensation benefits.

This client had been diagnosed with post-traumatic stress disorder following a horrific incident at work where he witnessed the death of a co-worker. As a result of his post-traumatic stress disorder, he was never able to return to work as a heavy-machine operator. In fact, his psychiatrist and psychologist didn't think that he could go back to any type of gainful employment based upon his ongoing disability as a result of the post-traumatic stress disorder. 

 

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Punitive Damages Should Be Allowable in Texting and Driving Cases

In Illinois, punitive damages are not obtainable unless the judge grants the plaintiff permission to seek them at trial. Punitive damages are not intended to compensate the plaintiff for the harm done to her. Instead, they are designed to punish the defendant for acting "with an utter indifference or conscious disregard for the safety of others." Thus, a party must obtain leave of court to be permitted to even ask a jury to award punitive damages.

The plaintiff must do more than simply prove the defendant was negligent. The plaintiff must prove that defendant's conduct towards plaintiff was "willful and wanton".

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