Brad has helped injured workers collect over $40,000,000.00 from workers' compensation insurance carriers. While the average workers' compensation claim is worth approximately $25,000.00, those who have suffered serious injuries can recover hundreds of thousands. Brad has successfully prosecuted dozens of 6-figure workers' compensation claims.
Brad represented the Estate of a gentleman who was tragically killed while working near the Mississippi River in extreme Western Kentucky. The man was a father of three young children, and he was killed after a tree fell on him. Brad intervened into the case from the outset and worked closely with KY OSH inspectors, who ultimately found that the employer had violated numerous safety regulations. Brad utilized the KY OSH citations issued to the employer and successfully procured a 30% increase in the statutory wage benefits to which the family was entitled.
Brad represented a police officer in Fulton, KY, who had been forced to use his service weapon to stop a drug-crazed individual from stabbing him with a knife. The workers' compensation insurance carrier defended the claim on the grounds that Brad's client did not suffer a physical injury and, therefore, was not entitled to workers' compensation wage or medical benefits. Brad argued that while his Client did sustain relatively minor physical injuries (scratches from the ensuing scuffle), that was sufficient to constitute an "injury" as defined by the Workers' Compensation Act (KRS 342). The Administrative Law Judge agreed with Brad, and Brad's Client ultimately received a lump sum settlement of $150,000.00, which was based almost entirely upon a diagnosis of post-traumatic stress disorder.
Brad's Client, a native of Huntsville, AL, was injured when he was struck by a passing motorist's vehicle while he was working on a project in Eastern Kentucky. Brad immediately drove to Alabama to meet with the injured worker in his home. Brad successfully procured a workers' compensation lump sum settlement for his client in excess of $300,000.00. Through crafty lawyering by Brad and his team, they were able to find an additional $1,000,000.00 in underinsured motorist coverage that was held on Brad's client's own recreational vehicle. Utilizing Alabama law, Brad's team was able to "stack" the injured worker's applicable insurance polices, nearly quadrupling the amount of compensation his Client would have received without Brad's help.
Brad's client was injured while working as an over-the-road truck driver for a trucking company headquartered in Bowling Green. The trucking company defended the claim and sought a dismissal on the grounds that Brad's client was not an "employee" and, therefore, was not entitled to wage or medical benefits. The trucking company sought to introduce evidence that both Brad's client and the trucking company believed that the injured worker was a 1099 subcontractor, and they even introduced a written subcontractor employment contract that was signed by both parties. Brad argued that the law did not take into consideration what the intent of the parties was; rather the controlling test as to whether someone was a subcontractor or an employee was based on who controlled the details of the work. Brad introduced evidence that the trucking company paid his client regular weekly wages, supplied the tools, controlled the routes to which he could take for deliveries, and they told him where to be and when to be there. At mediation, the retired Administrative Law Judge mediating the case adopted Brad's stance on the controlling law, and Brad's Client received a massive settlement.
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