EMP won a difficult, complex, and highly contested workers’ compensation case that eventually resulted in the client recovering over $500,000. The client had suffered two separate accidents, both resulting in blows to the head and a brain injury.
The client was represented by another law firm at the first trial of this case. At the end of the first hearing (trial), the Deputy Commissioner determined the client was not credible and referred the case to the fraud unit for prosecution. EMP appealed the case, reversed the finding of fraud, and won an award of benefits. The award of benefits was reversed on appeal by the North Carolina Court of Appeals; however, the Court of Appeals awarded a new hearing. EMP found psychologist, neuropsychologist, and psychiatrist to examine, evaluate, and test the client. The testimony of medical experts, combined with the testimony of family, friends, and neighbors regarding the onset of the client’s change in behavior and diminishment of mental capacity led to the Industrial Commission at the second hearing to conclude that the client was entitled to total disability benefits from the date of the second accident and continuing for life, unless he recovered from his brain injury and was able to work again.
This award of benefits was upheld after multiple appeals by the employer and insurance carrier. The litigation of this case through the various hearings and appeals took over 13 years.