Jim Murphy And Chris Mason: Case Analysis
I attended a telephone conference call regarding the above-referenced matter on 05/12/2017. Other participants in the conference Jim Murphy and Chris Mason.
We discussed the above-referenced matter and strategies for limiting liability and avoiding another large schedule including accepting and amending the case to include the neck with a possibility of a classification instead of a schedule loss of use of the shoulder and also the possibility of a Section 32 Agreement.
By way of background, this case is established for the overuse of both shoulders with a date of disablement of 02/13/2013. The claimant has had total shoulder replacements on both arms. The claimant has already received a 65.83% schedule loss of use of the left arm equal …show more content…
I did express reservations regarding this strategy in that if we were successful we would then own the neck and therefore be responsible for any treatment associated with the neck.
I was also concerned if the claimant did not have permanency from the neck we might just pay some additional medical bills and the claimant would still get the large schedule loss of use to the right arm.
I did think the right arm schedule loss of use is likely to be equivalent to the left arm schedule loss of use as the claimant had the same surgery. I think it is reasonable to anticipate a similar schedule loss of use.
If we were successful in establishing the case for the neck and establishing there was permanent disability to the neck that would preclude the claimant from receiving a schedule loss of use of the right arm and would force the claimant to be classified under Section 15(3)(w).
I stated if we assume the claimant was to receive the same schedule for the right arm as she did for the left arm our total liability would be approximately 410 weeks of
We discussed the above-referenced matter and strategies for limiting liability and avoiding another large schedule including accepting and amending the case to include the neck with a possibility of a classification instead of a schedule loss of use of the shoulder and also the possibility of a Section 32 Agreement.
By way of background, this case is established for the overuse of both shoulders with a date of disablement of 02/13/2013. The claimant has had total shoulder replacements on both arms. The claimant has already received a 65.83% schedule loss of use of the left arm equal …show more content…
I did express reservations regarding this strategy in that if we were successful we would then own the neck and therefore be responsible for any treatment associated with the neck.
I was also concerned if the claimant did not have permanency from the neck we might just pay some additional medical bills and the claimant would still get the large schedule loss of use to the right arm.
I did think the right arm schedule loss of use is likely to be equivalent to the left arm schedule loss of use as the claimant had the same surgery. I think it is reasonable to anticipate a similar schedule loss of use.
If we were successful in establishing the case for the neck and establishing there was permanent disability to the neck that would preclude the claimant from receiving a schedule loss of use of the right arm and would force the claimant to be classified under Section 15(3)(w).
I stated if we assume the claimant was to receive the same schedule for the right arm as she did for the left arm our total liability would be approximately 410 weeks of