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.