Kaitlyn MacDonell
HSH is pleased to report a recent arbitration victory for a very deserving client.
PV was 5 months pregnant with her second child and employed as a factory worker at the time of the collision. She sustained multiple soft tissue injuries which developed into chronic pain syndrome. PV was unable to return to a physical job following her injuries and because she was not able to speak English, was unable to return to a sedentary job.
State Farm took the position that the client was not entitled to income replacement benefits from the outset because the injury was considered by IE assessors to be minor and that the client would be in a better position not to go back to work due to child care responsibilities.
The arbitrator found the client to be credible and reliable and given her persistent pain complaints, she was prevented from returning to work and met the tests for income replacement benefits. PV was awarded all of her past income replacement benefits with interest as well as ongoing income replacement benefits post 104 weeks.
Everyone at HSH congratulates our client and the team that worked hard to achieve this result including Kaitlyn MacDonell and Cheryl Donko.
This case highlights the importance of retaining an expert who is proficient in the area of chronic pain, a unique and evolving specialty. To learn more about chronic pain, read Kaitlyn’s article, “Chronic Pain: An Invisible Injury”.
For more information about the case, please click here, or feel free to contact Kaitlyn MacDonell at kmacdonell@hshlawyers.com or (647) 260-4498.
