Jan 12, 2010 - News by Walton Lantaff
Beverly Hires v. Columbia Hospital, accident date April 24, 2009; tried in West Palm Beach.
Senior Partner Gregg Margre prevailed in a highly litigated and contested matter involving the denial of compensability of an injured worker’s left foot condition. The claimant, a nurse, claimed a left foot injury approximately one year after sustaining a compensable left knee condition, which happened to coincide with the breakdown of settlement negotiations at a mediation.
The injured worker did not complain about any type of left foot complaints until well after her initial April 2009 work injury to her knee. However she claimed the foot injury happened at the time of the initial knee injury in April 2009, but focused on her knee.
The parties each obtained independent medical exams of the foot with foot orthopedic doctors. Mr. Margre obtained an IME from a Harvard-trained specialist who opined that the complaints of the foot were degenerative and unrelated to any type of twisting knee injury
The claimant’s attorney argued that the claimant sustained a lisfranc fracture from the original incident which had worsened.
The case was heard before Judge Shelley Punancy and the claimant appeared live for testimony at hearing. She accepted the opinions of Mr. Margre’s expert and his oral argument over that of opposing counsel. The win has saved the hospital employer many thousands of dollars in medical care and a request for a future surgery.