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Trucker Gets $125,000 Comp Settlement For Knee Replacement

Workers’ Compensation -Trucker Needed Total Knee Replacement – $60,000 Offer Rejected – Comp Carrier Went Bankrupt – Contractor Sued Government Over Demolition Contract – Dispute Over Compliance With Recycling Provision – $125,000 Settlement

Type of action: Worker’s compensation
Injuries alleged: Knee replacement
Name of case: Gammons v. Smith Brothers Trucking
Court/county: Industrial Commission
Case No.: I.C. File No. 975101
Tried before: Mediation
Name of mediator: Harry Clendenin
Special damages: n/a
Verdict/settlement: Settlement
Amount: $125,000
Date obtained: September 2004
Demand: n/a
Offer: n/a
Experts: n/a
Insurer: Virginia Guaranty Association
Plaintiff’s attorneys: George Francisco
Person submitting: George Francisco

Description: On Sept. 1, 1999, a long-distance truck driver injured his knee when the truck he was driving was involved in a collision. The plaintiff-employee underwent two arthroscopies and a total knee replacement. The plaintiff was rated as having a 38 percent permanent partial impairment. He received an additional $145,000 in indemnity benefits, plus approximately $100,000 in medical benefits.

The defendant carrier, Virginia Guaranty Association, filed for bankruptcy. The Massachusetts Guaranty Fund then handled the claim. According to plaintiff’s attorney, he turned down a $60,000 settlement offer the defendants made early on in the claim.

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