RECENT VICTORIES:
We help workers every day. Here are a few examples:
It was a busy year in the workers' compensation arena for Schoenfeld & Schoenfeld. We had many victories, both large and small.
We successfully established that two Union bakers, whose jobs for 10 to 20 years both required constant lifting, bending and twisting and turning when they were tailing off the product at the end of the backing line acquired degenerative disc disease from their work activities. Both these cases were hotly contested by Franz Abkery and their insurance company. In the end, the worker prevailed and was able to claim all the lost time loss benefits, medical benefits, and even retraining in a different profession.
We were also able to establish that two different workers who sustained knee injuries and knee surgeries through the workers' compensation system years ago, and who subsequently developed osteoarthritis in the knee, were entitled to ongoing workers' comp benefits for the osteoarthritic condition. The insurance companies routinely deny these more serious osteoarthritic conditions. Often times, these cases can be won with the right type of medical evidence.
We represented an office worker in a bank who was over-worked from processing countless loan applications. She developed problems with her arms, specifically epicondylitis. We were able to prove those conditions were work related.
We represented a Russian immigrant who worked at a shoe company for approximately 10 years and who developed carpal tunnel syndrome. SAIF Corporation originally denied his claim. We were able to prove that the carpal tunnel syndrome he developed was caused by work.
We represented a Portland Public School cafeteria worker who developed a shoulder injury from the repetitive work she did making the school meals. Portland Public School fought the case for months but we were able to prevail and obtain benefits for that worker.
We represented an Iraq war veteran, who upon returning home, obtained a job with one of the large hospitals in the Portland area as a security guard. He sustained an injury to his shoulder. The insurance company used his prior records from the Iraq war where he sustained a neck injury, to try to defeat the claim. They were unsuccessful. Schoenfeld and Schoenfeld, P.C. was able to prove he did injure his shoulder at his new job at the hospital.
We represented a worker at Goodwill Industries who puts labels on clothes. She used a certain type of pricing gun which required her to repetitively pull a trigger with her index finger. Over time, she developed a problem with the nerve in her forearm. The insurance company denied this claim. But after several months of litigation and depositions, the judge sided with the worker. Another victory for the injured workers!
This is just a small sample of the cases we handled last year. From loggers in Tillamook, orchard workers in the Hood River Valley, union bakers, to Nike managers and computer software engineers at Intel, we represent a large cross-section of working Oregonians.
The trend that I noticed over 2009 was that many overuse injuries were being denied. Folks who type on computers, perform repetitive office work, or perform repetitive work in warehouses, these claims are often automatically denied. These cases can be won as long as the attending physician supports the claim. Many times there are ergonomic assessments of the work sites which will help us establish the work-connection in any particular case.
It is truly an honor representing the hard working people of our great state. Happy New Year and work safely in 2010.
Schoenfeld & Schoenfeld, P.C.
2051 SE Belmont St.
Portland, OR 97214-2812
Phone: 503.236.8170
Toll-free: 1.888.622.6423
Fax: 503. 236.1867
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