Dennis Cullen Recovers $385,000.00 from the Supersedeas Reimbursement Fund

A Workers’ Compensation Judge wrongly denied our client the opportunity to submit toxicology evidence.  On appeal the Workers’ Compensation Appeal Board remanded the matter to the same trial Judge, ordering that our client be given an opportunity to present the toxicology evidence.  Given the risk that the Workers’ Compensation Judge might simply find that the toxicologist was without credibility, the strategic decision was made to avoid that risk by amicably resolving the claimant’s future right to benefits by a lump-sum settlement of $60,000.00.  Importantly, an agreed-upon term of the settlement established that the Claim Petition be submitted for decision, preserving the right to claim supersedeas reimbursement should the claim be denied.  With the claim settled and the claimant no longer involved in the litigation, the Workers’ Compensation Judge accepted the toxicology evidence and issued a decision denying the Claim Petition. Ultimately, the Supersedeas Reimbursement Fund issued to our client a refund check in the amount of $385,126.28, the largest single Supersedeas Fund recovery in our firm’s history.