WRSH partner, William Hepner, settled this matter for $925,000 out of a total available $1 million insurance policy; along with a partial reduction of the workers compensation lien. Our client’s accident occurred when he fell from a ripped awning with a large metal frame on the front of the premises of the auto dealer. Bill argued that the Labor Law applied using a novel theory to connect it to the facts of this case. Defendant claimed that plaintiff was doing simple, routine maintenance. The Court agreed with our theory and granted us summary judgment. At the time of the settlement an Appeal of the Court’s decision was pending. Plaintiff, who was 49 years old at the time of the accident, had a lumbar fusion, which was not done until three years after the accident, and a shoulder arthroscopic surgery. Defendant alleged that the back surgery took place so long after the accident that it was not related to the fall, as the client had pre-existing lumbar disc issues.

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