Travis Reynolds v Porter Installations

Attorney Noah Hamann prevailed on the issue of accident at arbitration and on appeal against petitioner’s claim of a right shoulder injury. Petitioner Travis Reynolds worked as a cable installer for the respondent. He alleged that on November 9, 2011, he was injured while lifting a 90-pound ladder on to the top of his work vehicle. The accident was timely reported.

During his investigation, attorney Hamann visited the accident site and inspected the petitioner’s work vehicle. He learned that it was highly unlikely that the petitioner engaged in overhead lifting on the date of accident. The petitioner’s work vehicle was equipped with a safety mechanism that was designed for the petitioner to load his ladder on the vehicle at waist to chest height. Once the ladder was on the mechanism, the petitioner turned a crank that then lifted the ladder on to the top of the vehicle.

Attorney Hamann produced a compelling video of the safety device usage at the time of trial. The video showed how the ladder is placed onto the vehicle with minimal lifting. The respondent also produced the petitioner’s supervisor as a trial witness to testify about the petitioner’s duties and the authenticity of the video.

Petitioner testified that the video did not properly reflect his behavior on the date of accident and that he did lift overhead. Petitioner did not produce any witnesses at trial.

Respondent discredited the petitioner at trial by producing medical evidence that showed the petitioner had a lengthy pre-existing history of right shoulder injuries prior to the alleged date of accident, including two prior surgeries. Additionally, respondent produced records showing that following the petitioner’s most recent prior surgery he was released with permanent medium duty restrictions. Respondent obtained an IME opinion from Dr. Lawrence Lieber. Dr. Lieber opined that the petitioner’s symptoms pre-existed the work accident and that the petitioner did not aggravate his condition as a result of the alleged accident. Dr. Lieber and the treating physician, Dr. Anthony Romeo testified that given the petitioner’s prior restrictions, it would have been very difficult for the petitioner to lift a 90 pound ladder overhead as he alleged.

At trial on March 27, 2012, Arbitrator Stephen Mathis rendered a decision in the respondent’s favor. All benefits were denied. Petitioner appealed to the Commission. On review the arbitrator’s decision was affirmed. Petitioner filed an appeal to the Circuit Court. The parties then settled for $7,500.00 or 5% of the right arm.

Trial exposure for the respondent included the cost of a rotator cuff surgery and six months of TTD ($15,536.40). If surgery was awarded, it was highly likely that the petitioner would have received permanent restrictions that could not have been accommodated. The respondent anticipated the petitioner was going to be a wage differential candidate. Wage differential exposure was estimated to be up to $330,736.12. Prior to trial the petitioner was unwilling to engage in any settlement negotiations.