Trial Brief

Trial Brief

In Missouri, after trying a Workers' Compensation Case, many judges request a proposed award or a trial brief. In the case of Reynaldo Dominguez, which I have blogged about previously, Mr. Dominguez lost a thumb and three fingers to a industrial saw at The Home Depot. The employer refused to provide prosthetic devices. They also failed to pay weekly benefits that were owed, and for other medical care. I tried the case for Mr. Dominguez and the Court requested a brief. Because I had taken over 10 doctors depositions and had many other experts including vocational rehabilitation experts, pain management, hand surgeons, plastic surgeons, and psychiatrists, our brief was 36 pages long. By doing the additional work to write a clear brief, I am hopeful that Mr. Dominguez will be awarded all the benefits that he is entitled to from our prospective.

We also asked the Court for attorney's fees, and costs and sanctions. My firm spent over $26,000.00 preparing the case for trial to make sure that we would win. We have the resources and trial skills to win these cases. There are some law firms that require money upfront. Can you imagine a typical worker having $26,000.00 to put toward pursuing their rights under this system? It seems unfair that a claimant should have to pay that much money to fight to win benefits that are clearly owed under the law. It is our hope that the Court will award these costs back to Mr. Dominguez to protect him from the unreasonable actions of the employer/insurer for Home Depot in this case. I will keep you posted at this blog.

POSTED IN: best st. louis attorney Mark Cantor Our Worker's Compensation Clients Recent Trials Recent Worker's Compensation Cases
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