Take Nothing Decision on Cumulative Trauma Injury


Gilson Daub attorney, Brianne McLaughlin, received a favorable “Take Nothing” verdict for a flooring company at trial in Santa Ana, California. The Applicant, who engaged in tile setting/flooring work, alleged injury to his neck, upper extremities, back, shoulders, knees, and suffered a hernia due to a continuous trauma injury beginning on August 1, 2014 through February 27, 2015. With the excellent assistance from the AmTrust claims’ adjuster, the defense was able to push the case to trial and on August 28, 2017, received a defense “Take Nothing” verdict finding that the applicant did not sustain a work-related injury.

At the trial, the defense relied upon a Panel Qualified Medical Examiner’s (PQME) Report, that found applicant’s complaints were non-industrial and were solely related to a prior workers’ compensation injury at another company. On the other hand, the applicant relied upon a Primary Treating Physician’s Report finding the applicant’s injuries industrially related. The medical reporting, including the PQME, indicated exposure exceeding $25,000.00 for permanent disability and future medical treatment if the injury was found industrial.

The risk and conflicting medical evidence would have justified the adjuster to settle the claim, however, the adjuster and attorney together decided to take their chances at trial. Their preparedness and determination paid off. As Thomas Edison said, “There is no substitute for hard work.”