The applicant alleged a cumulative trauma injury from May 20, 2007 to May 20, 2008, to his back, psyche, abdomen, eye, lower extremities, upper extremities, head, internal, and reproductive systems. On August 6, 2019, the case-in-chief resolved by Compromise and Release for $778,886.29. Once settlement was reached, the case issues turned to seeking contribution from the codefendant who had 38% of coverage for the cumulative trauma period.
Given the large settlement amount and extensive injuries, benefits paid were in excess of $1,500,000. Thus, seeking contribution was essential to recoup costs for which the codefendant was liable. However, further discovery was pursued by the codefendant in an attempt to decrease their liability. This included the deposition of Dr. Lane, who confirmed his prior favorable opinion regarding apportionment and supplemental reporting from the QME, Dr. Bernicker, which we successfully argued was not substantial. Following codefendant’s discovery attempts, Mr. Chazen aggressively continued to pursue contribution through arbitration. Numerous conferences were held where Mr. Chazen continued to advocate for full pro rata recovery, despite resistance by codefendant regarding date of injury, pro rata percentage, charges incurred and whether there were additional dates of injury.
Ultimately, due to the aggressive efforts by Mr. Chazen and persuasive advocacy, an agreement was reached where codefendant would pay $527,121.99, nearly the full exposure.
You can read a redacted version of the Arbitration Decision, Findings and Order (re Settlement) below:
Arbitration Decision, Findings and Order (re Settlement): Click here
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Company Name: Dietz, Gilmor & Chazen, APC
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