CASE SUMMARY:
The employee was a radio tower mechanic who suffered a traumatic amputation of 3 fingers of his non-dominant hand when the tower skipped from a jack used to lift the tower in order to change an insulator.
The employee successfully pursued a loss of function claim that established the entitlement to 10 years of Section 35 benefits, and not the 5 years typically associated with a claim for partial disability under Section 35.
The result of this strategy was to significantly increase the insurer’s exposure for the relatively young articulate worker who might otherwise have been limited to a relatively short period of total disability while he recovered from this horrible injury and then to the 5 years of partial disability benefits provided by Section 35 of the Workers’ Compensation Act.
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