By Mike Nixon
Missouri Lawyers Weekly
Copyright 2006 Dolan Media Newswires
A factory laborer who was undergoing medical emergency training settled a workers’ compensation claim after he experienced an adverse immunization reaction.
Kevin Johnson worked for FAG Bearings Corp. in Joplin, Mo., when in May 2002 he suffered a reaction to a series of shots intended to protect him from Hepatitis B.
Johnson’s settlement was based on a lump sum amount of $260,000, coverage of $65,608 in medical costs and $76,763 in previously paid temporary total disability, said Johnson’s attorney, Bill Fleischaker.
The plaintiff also plans to pursue coverage through the federal Vaccine Injury Act, Fleischaker said. “If we prevail in that then [the employer] would have to make some compensation for pain and suffering. “
According to Fleischaker, Johnson, a 43-year-old unskilled laborer, wanted to become a first responder for the automobile parts manufacturing plant, but after he received the second in a series of shots he began to experience pain and weakness in his extremities.
Johnson’s condition deteriorated to the degree that he was unable to walk any significant distance without the use of a cane. He was also unable to climb stairs and could not stand for more than 15 to 20 minutes.
Occupational therapy helped to improve Johnson’s condition but his employer’s expert rated him at 71 percent for entire body use.
In early 2006 Johnson was told by the company doctor that he could return to work in a sedentary job because he was totally disabled based on Functional Capacity Evaluation (FCE) ratings. Johnson’s employer offered to settle based on the permanent partial disability rating, but based on the employer’s own criteria the company doctor deemed Johnson to be permanently and totally disabled.
“This case demonstrates the importance of differentiating between impairment and disabilities in worker comp cases,” Fleischaker said. “We were able to use the employer’s own experts to our advantage by employing a vocational specialist to translate their impairment rating into a disability rating. “
Fleischaker said that the case was settled before an actual hearing had been set. He also noted that defense lawyer Katharine Collins allowed open negotiation between him and a representative from insurer Travelers Indemnity Co.
“I think once I educated the claims people, we were able to work with them pretty well,” Fleischaker said.
Collins could not be reached for comment.
Facts of the Case
Type of Action: Workers’ compensation
Type of Injuries: Acute inflammatory demeyelinating polyradiculoneuropathy and Guillian-Barre Syndrome
Court/Case Number/Date: Missouri Division of Workers Compensation/02-048052/July 18, 2006
Caption: Kevin Johnson v. FAG Bearings Corp.
Judge, Jury or ADR: Judge
Name of Judge: Karen Fisher
Verdict or Settlement: $402,371 settlement
Special Damages: N/A
Allocation of Fault: N/A
Last Demand: N/A
Last Offer: N/A
Attorney for Plaintiff: Bill Fleischaker, Fleischaker & Williams, Joplin, Mo.
Attorney for Defense: Katharine Collins, Hanson & Gurney, Overland Park, Kan.
Insurance Carrier: Travelers Indemnity Co.
Plaintiff’s Expert: Phillip Eldred (rehabilitation consultant) Springfield, Mo.
Defendant’s Expert: Matthew W. Karshner, M.D., (occupational medicine) Joplin, Mo.