Employee Falls from Scaffold-Workers' Compensation Settlement Is For $100,000 with Open Medicals.

McCutchen v. Steele-Beard Electric, LLC, Shelby County

Plaintiff was an employee who fell from a scaffold and landed upright, breaking bones in his heel and upper foot. He can walk, but does wear a small brace that holds his ankle straight. He declined the fusion surgery.

The broken bones were in the foot, but the doctor had documented pain in the ankle and the brace extended up the ankle, so the case was settled on the lower extremity and not the foot only. Plaintiff also qualified for Social Security without offset for Workers' Compensation.

Submitting Attorney's comments: If you have a plaintiff with an injured foot or hand, try to get the doctor to document pain and stiffness the next member up, as well as assigning an AMA 5th rating to it. This client would have only gotten $12,000 more had his leg been totally amputated.