Processing Plant Worker Denied His Injury Claim and Punished for Reporting the Injury

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  2. Processing Plant Worker Denied His Injury Claim and Punished for Reporting the Injury

Some of us have jobs that are a lot more demanding than others.

That is certainly the case with B. LaCorte, who worked as an operator at a plant that smelts titanium. Reminiscent of those old movies where you see steelworkers pouring molten lava, Mr. LaCorte worked in what many of us would describe as hellish conditions.

His job involved cleaning a scraper chain hole and dislodging metal scraps to enable the conveyer belt to operate smoothly. During this strenuous task, he injured his right shoulder badly enough to warrant a trip to the company nurse’s office.

The nurse asked if he had ever injured his shoulder before, and he replied honestly that yes, with his physically demanding job, he was often sore and experienced pain. And while honesty is always the best policy, in this case, his honesty would mean several years of court battles with a company that denied his claim and punished him for reporting his injury.

He was diagnosed with a rotator cuff tear and a labrum tear in his right shoulder. His employer’s insurance company refused his claim, and he hired GGRM to defend his claim in court.

“We didn’t have to just defend his claim; we had to defend his integrity,” said Mr. LaCorte’s attorney, David Rothenberg of GGRM”

The case went to trial, and with GGRM’s help, Mr. LaCorte was able to prevail in court. However, the insurance company appealed that court’s ruling to the district court, and a second trial was scheduled.

“The biggest challenge we faced at trial was proving to the court that Mr. LaCorte’s comments about being sore or injured were because of his demanding job,” Rothenberg explained. “We built a meticulous case based on his testimony and that of his co-workers and a detailed display of his medical records to prove our case.

The district court sided with the lower court’s decision to grant Mr. LaCorte’s claim. Another happy ending for a GGRM client, who now has a new and better job after getting the care he needed to heal.

Contact GGRM. We Can Help.

If you’ve been injured in an accident and have questions, consult with the experienced injury attorneys at GGRM. We have over 50 years of experience helping the injured get back to their lives. Contact us at 702-384-1616 or 775-993-8898 to set up your free consultation.

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