The Epstein Law Firm Wins Huge Victory For Client and Beats State Farm Insurance Company
J.S. vs. Banner Home Construction; 13 WC 34650
Most people make the assumption that insurance agencies work for the betterment of the people they serve. Just turn on the TV and you can see why. Advertisement after advertisement, insurance agencies convince the masses of their so-called good intentions. The average customer sees these ads, and feels comfort knowing that agencies like State Farm have their back in the case of emergency. But as J.S. found out after he injured himself at work on September 12, 2013, these agencies are not what they appear in their ads.
J.S., an employee of Banner Home Construction, injured himself after he fell between 12-14 feet down a shaft at a construction site. While J.S. managed to land on his feet, he was unable to prevent the damage the impact had on his lower body. Subsequently, J.S. visited multiple doctors who confirmed that the fall had resulted in a fracture in his tibia and damage to his lower back which to this day—almost two years later—still causes him severe leg and lower back pain. With three daughters in college (one of whom is ill and in need of constant medical attention) J.S.’s inability to work made paying the bills even harder.
Nonetheless, J.S.’s employer’s insurance company—State Farm—was not willing to provide compensation for J.S.’s needs. Based on the testimony of Dr. Brackett, a doctor who only saw J.S. once in a preliminary examination, State Farm ultimately attempted to suspend payment of J.S.’s total disability benefits. This action left J.S. without the money to support himself and cover the cost of his substantial medical expenses. J.S., who was counting on the insurance company to have his back in the face of the accident, was in need of legal assistance.
The Epstein Law Firm, believing State Farm’s refusal of prospective care and secession of total disability payments unlawful, succeeded in proving to an arbitrator that J.S.’s injury entitled him to certain basic benefits underlined by Illinois’s workers compensation law. Over the course of J.S.’s arbitration, the law firm established that Doctors Chunduri, Sompalli, and Dixon were all of the belief that J.S.’s pain was genuine and directly caused by the fall at J.S.’s work. With that, the Epstein Law Firm succeeded in convincing the arbitrator that the medical testimony of Dr. Dixon was more persuasive than that of Dr. Brackett, ensuring a win for J.S..
Beyond guaranteeing J.S. received payment for all pertinent medical expenses, the arbitrator ruled that J.S. was entitled to receive payment for any future medical care needed for recovery. This includes coverage for the lumbar spine surgery J.S. is currently awaiting. Moreover, the Epstein Law Firm won that J.S.’s total disability payment needed to be reinstated so that he could continue to support his family. This weekly payment allows J.S. and his family to avoid feeling the full weight of the economic struggles felt by families who do not have a stable employment due to injury.
On April 14, 2015, the Epstein Law Firm finally won victory for J.S. through the Illinois Workers’ Compensation Commotion when an arbitrator filed a decision that J.S. was, in fact, entitled to his full workers compensation benefits. What becomes obvious here, is that when the people who you think have your back—like the insurance companies—turn on you, you need to contact a practiced attorney who specializes in the field of workers compensation. Because companies like State Farm won’t be there for you after the fall. But we, at Epstein Law, will.
Chicago International vs. The Workers’ Compensation Commission and Jose Calderon
On September 14, 2010, Jack Epstein argued the case of Chicago International vs. The Workers’ Compensation Commission and Jose Calderon. On September 30, 2010, the Appellate Court of Illinois, First District found in favor of Mr. Epstein’s client, Jose Calderon. The swift victory – only two weeks after the argument was held – was testament of the great case presented by Jack Epstein and the Epstein law firm.
The case involved an injured worker who required back surgery. The company denied that the back injury had occurred on the job. The company’s defense was that the worker had not complained about his back problems after seeing his family physician several times. The company also alleged that the injured worker had pre-existing back problems and did not suffer any new injury at work.
Attorney Jack Epstein fought hard and proved that the worker injured his back at work. You can hear the argument made by Mr. Epstein in the audio below.
The Appellate Court Argument (Mr. Epstein’s argument begins at the 15:00 minute mark as the company’s attorney speaks first):
Eladio Compres vs. GCC Drum, Inc.
Recently, Jack Epstein and members of the Epstein Law Firm obtained a $4 million jury award on behalf of Eladio Compres. The verdict was obtained after a four day trial in Federal Court before Federal District Court Judge Harry Leinenweber. Mr. Compres had suffered for years at the hands of his supervisors because of his race. The company had admitted the conduct but defended their actions by saying that it was done as a joke and not meant to offend Mr. Compres. Before trial, Mr. Compres was offered one dollar by the company to settle the case. The offer was rejected and Mr. Epstein obtained an award that included $900,000 for mental anguish damages, $1000,000 for lost wages and $3,000,000 for punititve damages – at the time the largest single plaintiff jury verdict in a race discrimination case.
Notably, Mr. Compres had visited several Chicago downtown lawyers who each refused to take his case saying there was no way that Mr. Compres could prove his case. Mr. Epstein was not afraid to take the case and win.
INJURED ON THE JOB?
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