The Workers Compensation Board issued a favorable decision on the appeal filed by Helbock Nappa & Gallucci on behalf their client who was found to have a permanent partial disability. The 42 year old claimant was a construction worker who suffered from a work related pulmonary condition and back injury.
The trial judge previously ruled that the claimant’s benefits should be capped at 55% representing 350 weeks of benefits at $584 per week. The attorneys appealed the decision arguing that the severity of the claimant’s injury and impairments deserved a higher loss of wage earning capacity and therefore more benefits.
The appellate panel of the Workers Compensation Board agreed with Helbock Nappa & Gallucci’s argument and overturned the judge. The Panel ruled the claimant was entitled to a 90% loss of wage earning capacity finding representing 475 weeks of benefits at the maximum rate of $792.07. As a result of the favorable appeal the claimant will be paid $376,000 in benefits for his permanent disability.