Workers’ Compensation and Workplace Accidents: G.F.M. vs. Insurer and Employer

When workplace accidents lead to devastating injuries, navigating the Workers’ Compensation system can be daunting. For G.F.M., a 53-year-old construction worker, a catastrophic workplace accident in 2020 left him with life-altering injuries and the challenge of obtaining the benefits he needed. Represented by Alexander R. Vail, Esq., G.F.M. successfully appealed the denial of Permanent Total Disability (PTD) benefits. This case highlights the importance of strong legal representation and underscores why Alexander R. Vail was the right choice for G.F.M.’s attorney.

The Accident and Resulting Injuries

On June 2, 2020, G.F.M. suffered severe injuries when the lever of a Bobcat bulldozer broke, pinning him to the ceiling. The injuries included:

• A C7 fracture and T11 burst fracture

• Spinal cord instability

• Neuropathic pain and spasticity

• Neurogenic bowel/bladder issues

• Cervical radiculopathy and sexual dysfunction

  
  

Despite extensive medical care, G.F.M. remains wheelchair-bound, unable to work, and requires continuous pain management and assistance with daily activities.

Key Issues in the Case

The insurer initially denied PTD benefits, claiming that G.F.M. did not meet the requirements under Nevada law. This denial led to a contested appeal, focusing on:

• G.F.M.’s inability to perform meaningful employment due to his injuries

• The application of Nevada’s “odd-lot” doctrine, which considers physical impairments, age, training, and the ability to compete in the labor market

  
  

With Alexander R. Vail’s expertise, the denial was successfully overturned.

Why Alexander R. Vail Was the Right Choice

1. Comprehensive Knowledge of Nevada Workers’ Compensation Law:

   Alexander R. Vail demonstrated deep expertise in Nevada’s legal requirements for PTD benefits, particularly the odd-lot doctrine. His thorough understanding of the law allowed him to present a compelling case.

   
   

2. Strategic Use of Medical Evidence:

   Vail worked closely with G.F.M.’s treating physicians, including Dr. Andrew Kim, who provided crucial testimony about G.F.M.’s inability to work. Vail effectively used medical reports to highlight:

   • The severity of G.F.M.’s injuries

   • His reliance on medication and mobility aids

   • His diminished ability to perform even basic job functions

     
     

3. Relentless Advocacy:

   Vail meticulously addressed the insurer’s arguments and highlighted G.F.M.’s need for continued care and financial support. His dedication ensured that every detail was considered in the appeal.

The Outcome

The Appeals Officer reversed the insurer’s denial of PTD benefits and ordered the issuance of all appropriate benefits. Key findings included:

• G.F.M.’s injuries and limitations rendered him unable to sustain meaningful employment.

• Medical evidence and evaluations supported his claim for PTD under Nevada law.

• The insurer’s decision to deny benefits was unjustified, and the appeal demonstrated the need for fair compensation.

G.F.M.’s case is a powerful example of how skilled legal representation can make a difference in the lives of injured workers. Alexander R. Vail’s dedication, strategic approach, and deep understanding of Workers’ Compensation law ensured that G.F.M. received the benefits he deserved. If you or someone you know is struggling with a workplace injury and facing challenges with their claim, Becker & Vail, LLC is here to help. Let our team fight for your rights and secure the compensation you’re entitled to.

Contact us today at (702) 209-0357 or email us at information@beckervail.com.