Mark Cantor Wins Hardship Hearing for Claimant in Workers’ Compensation

Mark Cantor Wins Hardship Hearing for Claimant in Workers’ Compensation

Mark Cantor won a workers' compensation hardship hearing award for Reynaldo Dominguez that will provide our client weekly money to survive until the case is ready for a final conclusion. This is called a temporary award and is exactly what our client needed. Reynaldo was involved in a work accident where his fingers on his dominant hand were cut off. His Employer should have paid him for the time he missed from work because of his work injury. The Employer/Insurer stopped paying him benefits two years ago and after filing three hardships and requesting sanctions, the Court awarded $43,250.90 in past due benefits. The Court said, "Employer's attorney did not address the requests regarding ongoing medication order by the doctor, or Claimant's request for further psychiatric care."

The Court stated that the "doctor reviewed the FCE results, provided Claimant a prescription for his gel gloves and gel finger sleeves to be replaced on a monthly basis, and he referred Claimant to a pain management clinic. No evidence was introduced demonstrating Employer ever acted upon doctor's orders for pain management." Furthermore, the Court noted that the "Employer did not address the doctor's October 25, 2005 orders."

The Court found that Reynaldo was not at maximum medical improvement and awarded Claimant past benefits from April 16, 2009 to the hearing date of January 26, 2012 and into the future until two authorized doctors find Claimant at maximum medical improvement. The Court awarded an additional two weeks of past owed benefits that were in dispute before the April 16, 2009 time period for a total award of $43,250.90 to be issued to the Claimant now.

The Court also awarded additional medical including prosthetics. The Court states, "I find Employer responsible to provide Claimant with additional treatment. I further find Employer is obligated to provide the following treatment with the following physicians. Employer shall immediately authorize the following." The Court then listed doctors to provide treatment including a psychiatrist, pain management and prosthesis.

The Award came down March 15, 2012 after a hearing was heard on January 26, 2012. Although this fight is far from over, it is a great victory and will help Reynaldo.

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