File Review, IME, Legal Support

Brain Injury Forces Client From Work

 December 18, 2014

By  Deborah L Weiner Katz, OTR/L, CCM, CLCP

I was working on a challenging case where my client sustained a mild brain injury. She recovered from her physical injuries but was struggling cognitively. Defense counsel insisted there were no changes on the MRI and my client only had minimal damage to the car therefore, my settlement demand was refused.  Despite allegations from defense counsel, my client insisted she could not return to work and, in fact, she was let go from her job. This case was heading to trial and I was concerned about whether I could win. I was hoping I could prove my case by having a neuropsychological evaluation performed so we could prove her change in job status was related to her injury.

Debbi agreed to review the records and speak with my client.  She suggested getting a complete job analysis of all of the tasks involved on the job site to give to the neuropsychologist. She took pictures of each aspect of her job, in a busy call center, to provide the doctor with a visual analysis. She presented all of the information to the neuropsychologist prior to the evaluation and agreed to discuss it with him before the report was produced. When the evaluation was completed, the doctor was able to provide concrete information on why my client was unable to return to work due to deficits related from the brain injury.

We presented the information at the trial and received a substantial settlement for our client. Debbi’s creativity and “out of the box” approach helped us to win our case.

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