Amy J. vs Wal-Mart Stores, Inc.
Amy worked in the produce section at Wal-Mart for almost four years. One day she had to go into the cooler and get a box of lettuce. She reached up and grabbed the box. As she pulled it from the shelf, Amy felt a painful pop in her lower back. She dropped the box and came out of the cooler in tears. Amy immediately reported the injury to her supervisor. In fact, one of her co-employees had to drive her to the hospital that same day. The emergency room doctor gave Amy some medication and told her that she could return to work with light duty restrictions. Three days later Amy returned to work. She was still in quite a bit of pain, but felt that she needed to make money so that she could continue to pay her bills and put food on the table. Eventually she was in so much pain that she decided to go see a back specialist. Her doctor took an MRI and discovered that Amy had a bulging disc in her back. She first did some therapy and even had a series of injections, but nothing helped her with the pain. The doctor told Amy that surgery was her only other option. Up until this point, the Workers Compensation insurance company was paying for all of Amy’s doctor’s visits and medications. In fact, they were even paying her for the time that she spent away from work. All of this stopped once the insurance company saw that surgery was recommended. They sent Amy for an Independent Medical Evaluation (IME) and less than 3 weeks later, all of her benefits were cut off. As soon as this happened, she called the attorneys at Hickey & Turim, S.C. and asked if she had a case.
How we helped
The next day we met with Amy and told her that we would be happy to help. We explained all of her options and told her that it was very important that she did not let the insurance company get away with this. Within a matter of months, we got our chance to tell the judge our story. After reviewing the medical records and hearing Amy’s testimony, he decided that she was in the right. Not only did he order the insurance company to pay for her lost wages and future treatment, but he also stated that he agreed with her doctor’s assessment of permanency. This means that she was paid for the permanent disability she suffered from the injury at work.
If you (or someone you know) have gone through a similar type of event, it is extremely important that you contact us immediately. The sooner we talk, the better your outcome.
Posted on March 23, 2012 @ 12:58 am