Kingsburg Mechanic obtains $100,000 Settlement Despite His Own Insurance Company Blaming His Job Duties for his Arm Injury Rather than the Car Accident
Posted By DLF
A young mechanic and new father, from Kingsburg, California, was on his way to work but was involved in a T-bone accident on Floral Avenue in Selma, California. He didn’t make it to work that morning. The hard frontal crash injured this mechanic’s right arm and elbow. For several months, and while having physical therapy, his right arm, which was his dominant arm, was in severe pain. The mechanic and his wife had just had their first baby and he could not even enjoy carrying his newborn. He was later diagnosed with epicondylitis, or “persistent tendon irritability.” This mechanic hired the Dunnion Law Firm when he realized that his income loss was significant and his elbow was not getting any better. His own family doctor said they could do nothing further for him. Dunnion immediately went to work and had their client consult with an orthopedic surgeon. This surgeon diagnosed him with tendinopathy and told him that it was caused by the accident. The mechanic had surgery to the elbow a year after the accident, and it improved his pain. However, the insurance company argued that the mechanic’s job duties operating heavy equipment were the primary cause for the elbow injury, not the accident. Dunnion hired a pain management consultant to pin down medical causation. On the eve of Dunnion’s filing of the lawsuit, the insurance company relented and tendered the full $100,000 of the policy limits. This settlement has helped set this mechanic and his growing family on a new path that may include college and a new career.