Banks Law Settles $2.5 million Workers’ Compensation Case
Banks Law is very pleased to announce that we recently negotiated one of the largest workers’ compensation settlements in Pennsylvania, if not the country. In a decision dated 9/13/2017, Judge Audrey Timm approved a $2.5 million dollar ($2,556,815.00 to be exact) C & R in the case of Vincent Burgese v. Trustees of the University of Pennsylvania. The C & R hearing was held before the Judge on 9/11/2017. The settlement was negotiated at a voluntary mediation with Judge Tina Rago on 7/17/2017. The settlement resolved Mr. Burgese’s open medical claim only as his wage loss claim was previously settled by firm founder, Halmon “Sonny” Banks on 3/30/2012 for $275,000.00. The million dollar deal included upfront cash and an annuity (via a MSA) payable over Mr. Burgese’s life-expectancy.
Mr. Burgese was hurt at work on 1/10/2003 while working for the University of Pennsylvania as a housekeeper. He started working for the University in 1988. He severely injured his lower back when he lost his balance and fell down stairs. He hasn’t worked since the accident except for a five (5) week period when he tried to return to work following his first back surgery. The University accepted Mr. Burgese’s claim by way of a Notice of Compensation Payable (NCP) describing his injury on the document as a herniated disc at L3-4. Mr. Burgese eventually had 2 surgeries on his lower back in February 2003 and in June 2006. The latter surgery was done to implant a spinal cord stimulator to try and address his severe lower back and leg pain. Neither surgery gave Mr. Burgese significant relief. He continues to have severe lower back and leg pain twenty-four (24) hours a day, seven (7) days a week. He is forced to take a multitude of medications including Percocet, Oxycontin, Xanax, etc in conjunction with the stimulator that was surgically implanted. He also uses a TENS unit, a special mattress to help him sleep and, he was prescribed a scooter to help him get around. Mr. Burgese is only 51 yrs old. He was 36 yrs old at the time of his injury which means Mr. Burgese has had to deal with crippling lower back pain most of his adult life. Mr. Burgese has 7 kids who he couldn’t run, jump and play with because of his back injury. In addition to his weekly workers’ benefit of $608.94 per week, he was awarded SSD benefits in 2005 due to his inability to work in any capacity because of his lower back.
Mr. Banks has represented Mr. Burgese since February of 2005. He successfully defended Mr. Burgese before both the WCJ and WCAB in several rounds of litigation over the years when the employer tried to reduce Mr. Burgese’s benefits through a Labor Market Survey (LMS) and an Impairment Rating Evaluation (IRE). Mr. Banks was successful in 2009 in getting Mr. Burgese’s compensable work injury expanded to include a second herniated disc at L4-5, multi-level lumbar radiculopathy, depression and ED.
This settlement allows Mr. Burgese to finally re-gain control of his life rather than have the employer and their workers’ compensation insurance carrier dictate his every move. He is finally at peace after an almost fifteen (15) year battle to simply get what he was entitled to. The entire Banks Law team wishes Mr. Burgese and his family the very best in the future.