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On May 14, 2019, Plaintiff’s attorneys Dana M. Paris and Benjamin P. Wiborg successfully secured a verdict in favor of their client in a workers’ compensation matter thereby allowing him to continue to participate in the Workers’ Compensation Fund (Cuyahoga county (CV-16-871415). Judge Robert McClelland).
The Plaintiff was employed as an electrician at an industrial site and was in the process of installing lighting inside a blast furnace when a plume of debris from inside the furnace blew into his face, causing him to suddenly fall from a raised platform and land on his back. As a result of the fall, the Plaintiff suffered traumatic injuries to his low back.
At the Workers’ Compensation Administrative level, the Plaintiff’s claims were allowed for the following injuries: (1) burst fracture at L2; (2) pars intra-articularis fracture at L3; (3) substantial aggravation of pre-existing spondylolisthesis at L4-L5; and (4) substantial aggravation of pre-existing spondylolisthesis at L5-S1. The Plaintiff was ultimately approved to undergo a lumbar spinal fusion at the L3-L4, L4-L5, and L5-S1 levels.
The Defendant employer filed an appeal into Court contesting the approval of:
(1) The substantial aggravation of pre-existing spondylolisthesis at L4-L5; and
(2) The substantial aggravation of the pre-existing spondylolisthesis at L5-S1
The case proceeded to a bench trial and was heard by the Judge. The Plaintiff’s treating orthopedic surgeon, who also served as the Plaintiff’s expert, testified that based upon his understanding of the details surrounding the traumatic fall; the review of the prior lumbar MRI films and the subsequent lumbar MRI films following the fall; and his involvement in the Plaintiff’s management of care, he opined that there was a substantial aggravation of pre-existing spondylolisthesis at both L4-L5 and L5-S1 levels.
Although the defendant employer retained their own set of experts to oppose the Plaintiff’s position, the Court determined that the Plaintiff had proven the two conditions by a preponderance of evidence and held that the Plaintiff has a right to participate in the Workers’ Compensation Fund for the conditions of substantial aggravation of pre-existing spondylolisthesis at L4-L5 and L5-S1. The end result was a favorable verdict for the plaintiff.
Attorney Dana Paris is with the Nurenberg Paris Law Firm based in Cleveland, OH and has been with the firm since 2013. Since then, she has represented individuals who have been injured as a result of automobile collisions, trucking collisions, medical negligence, wrongful death, and traumatic brain injuries. Dana also serves as an active member in numerous professional organizations, including the Cleveland Academy of Trial Attorneys as a board member, the Ohio Association for Justice, the William K. Thomas American Inn of Court, and the Cleveland Metropolitan Bar Association. She has recently received recognition in Super Lawyers as a Rising Star, the National Trial Lawyers: Top 40 Under 40, and America’s Top 100 Attorneys for Personal Injury.
Attorney Benjamin Wiborg is also with the Nurenberg Paris Law Firm. He has been with the firm since 2008 and focuses his practice on helping those who have been denied workers’ compensation benefits for on-the-job injuries. Ben has also recently been recognized by The National Trial Lawyers: Top 40 Under 40.
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