YB, a 30-year carpenter at a lumber yard, reinjured his lumbar spine while lifting a 50-pound bucket filled with cement. He had initially injured his back in 2003, resulting in an L5-S1 microdiscectomy for sciatica. A year later after the February occurrence, he underwent another surgery, this time decompression of the right sciatic nerve at the piriformis fossa, a somewhat unusual procedure. The surgery was only partially successful, and his surgeon placed him on a permanent 30-pound lifting restriction, which the lumber yard refused to accommodate.
Lipkin & Apter hired a vocational counselor to determine whether there was actual employment for YB given than he had worked his entire adult life for the lumber yard. The counselor's conclusion: there was no stable job market available for YB. The Workers’ Compensation insurer retained its vocational counselor, who concluded that there were numerous jobs available to YB. In the end, rather than proceed to trial, the Workers’ Compensation insurer agreed to settle YB’s claim for $273,000. Under the law, an injured worker may receive both Workers’ Compensation and Social Security Disability Income Benefits.