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Errand for Employer on Lunch Break Nearly Fatal

Settlement/Verdict:

Attorney: Michael F. Scully
Practice Area: Workers Compensation
Client Injury: Skull fractures, broken bones

Our client was riding his motorcycle in Plymouth, MN on a sunny September afternoon when he slowed down for a set of railroad tracks and was rear ended by the vehicle traveling behind him.  It is believed his motorcycle was pushed forward quite some distance underneath the vehicle.  Our client was wearing a helmet yet he sustained a sub-dural hematoma, two skull fractures, a broken collar bone, two broken ribs, a broken tailbone, two broken toes, and 3 broken bones in his foot.

At the time of the collision, our client was returning to work after running an errand at a retail store for his employer.  The insurer for his employer initially denied him workers’ compensation benefits, claiming he was not in the course and scope of his employment at the time of the accident.  Mike Scully fought the insurer on this issue and favorably negotiated an agreement for the employer to pay all outstanding medical expenses and other interests in exchange for a waiver of their right to be reimbursed for these payments from any future third party claim against the at-fault driver.  In doing so, Mike maximized the potential recovery against the at-fault driver, a claim handled by Jim Carey.

 

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