A fair result for all parties in workers compensation mining case

A recent case for my client, a large workers’ compensation insurer, involved the negligent use of a drag line cable at a mine site.

There were several issues to work through. The Claimant suffered PTSD following an incident where the drag line cable snapped, however, there were conflicts between the reports of the operator lowering the cable and the Claimant regarding how it happened. The Insured had to re-enact the incident to clarify these issues.

Questions also arose regarding the Claimant’s bona fides, which required investigation of his medical history and surveillance.

I advised on the risks of losing the case given the unique factual circumstances; and the matter eventually proceeded to mediation, resolving for a sum substantially below Counsel’s estimate.

A good result for the Insured and my client.

“The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication.”
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