Injured Worker Vindicated in One of Pennsylvania’s Largest Workers’ Compensation Awards
Contact: Cardamone Law, LLC, (215) 206-9068
FOR IMMEDIATE RELEASE
Philadelphia, PA, [May 17, 2024] – Attorneys Michael Cardamone and Paul Silver of Cardamone Law, LLC are thrilled to announce the successful litigation of a Claim Petition in what we believe to be one of the largest awards by a Pennsylvania Workers Compensation Judge. After nearly two years of litigation, the Workers’ Compensation Judge rendered a Decision for which the estimated value of past due and future benefits will far exceed $2,000,000.00. The Decision awarded:
- Back due wage loss benefits from August 2020 to the present, and ongoing indefinitely
- 10% Statutory Interest for all back due amounts
- A 20% Penalty for violating the Act and failing to investigate the claim properly
- All back due medical bills to be paid, and ongoing indefinitely
- An extra 52 weeks of wage loss payments for 20% binaural hearing loss
- An extra 275 weeks of disfigurement benefits for scars due to injury
- The reimbursement of Cardamone Law’s $12,000 in litigation costs
Our client, who was 21 years old at the time of injury and does not speak English, was a laborer for a Lead and Asbestos business in the Philadelphia area. He was seriously injured on the job after being hit with blocks of cement and sand from above resulting in injuries to the head, shoulders, back, lungs, ribs, and pelvis, leaving him in a coma for six weeks. In addition to scars, our client also developed binaural hearing loss that made his already challenging communication even more difficult.
Due to perceived legal complications, a large Philadelphia Workers’ Compensation Firm had previously rejected this case. Attorneys Michael Cardamone and Paul Silver were able to accept the case and successfully pursue an effective argument to hold the employer responsible.
“This Judge finds the testimony of Claimant’s [pain management] medical expert fully credible and finds as fact that as a result of the work injury Claimant suffered the following diagnoses: posttraumatic stress disorder; severe post-concussive syndrome including headaches, photophobia, memory loss, and problems concentrating; lumbar myofascial pain; compression fractures of the lumbar vertebrae; transverse process fractures; lumbar vertebrae fractures; myalgia; fracture of the left pubis; hearing loss; vision loss; seizure disorder; loss of smell; severe displaced skull fracture; severe intracranial injury including a subarachnoid injury and a subdural hematoma; and pneumothorax and rib fractures including a left lung contusion. Claimant meets the criteria for post-traumatic stress disorder set forth in DSM-5. 20.
This Judge finds the testimony of Claimant’s [otolaryngologist] medical expert fully credible. As such, this Judge finds that Claimant has suffered a 20% binaural hearing loss as a result of the work injury. This Judge finds that the doctor’s opinion is credibly supported by his diagnostic testing and the 4th Edition of the AMA Guides.”
The Workers’ Compensation Judge also denied the Employers’ Petitions to Suspend Benefits, despite their and the insurer’s representation by a large Philadelphia-based defense firm with offices in seven states.
Attorney Michael Cardamone, owner of Cardamone Law, said, “We are elated that the Judge awarded the massive amount of benefits. Our client will never be the same again, and will likely never work again, sadly. He has endured so much over the past four years since his injury. Paul Silver did an outstanding job in the depositions and writing our Brief to the Judge. Another firm in Philadelphia rejected the case, but Attorney Silver and I were able to construct a compelling case for our client.”
Cardamone Law is a Pennsylvania Workers’ Compensation law firm with four offices located throughout the state.
