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$239,000 Settlement for a 65 Year Old Man

Casey Woodruff
Attorney Lee Alhambra obtained a $239,000 workers’ compensation settlement for a 65 year old lineman, who sustained a rotator cuff tear as a result of a fall from a ladder. Following rotator cuff repair surgery, the injured worker was given permanent restrictions that prevented him from returning to his job as a lineman. The employer denied that the worker sustained a diminished earning capacity as a result of his injury, pointing out that the worker voluntarily removed himself from the job market by opting to retire after the accident. The employer settled after Attorney Alhambra was able to show that despite his retirement, no stable labor market exists for a 65 year old man with a 25 pound lifting restriction.
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