Recent Settlements and Awards


$222,236.00 Settlement for Oklahoma Steel Fabricator with Cumulative Trauma Knee, Neck, Shoulder and Carpal Tunnel Injuries

$222,236.00 Settlement for Oklahoma Steel Fabricator suffering cumulative trauma, overuse syndrome and repetitive motion knee, neck, shoulder and carpal tunnel syndrome injuries caused from working as a steel fabricator for 11 years.  The left knee injury was in the nature of an aggravation of a pre-existing 1994 injury.  Treatment consisted of bilateral knee surgery, bilateral carpal tunnel release, a two level neck fusion and an arthroscopic shoulder surgery.  In addition to his settlement the worker was paid $114,744.00 in Temporary Total Disability benefits.

Additionally employee was awarded Permanent Total Disability (PTD) benefits from the Oklahoma Multiple Injury Trust Fund (MITF), which Order will provide him with a weekly permanent total disability check payable for the next fifteen (15) years.  The trial court found he had combined impairment of 117.75%.

Employee was also awarded SSDI.

the settlement included a $175,000 lump sum cash payment and an additional amount of $47,236.00 for his future medical treatment.

Attorney M. Scott Ash represented employee on both his Workers’ Compensation and Social Security Disability claims as well as his Multiple Injury Trust Fund case.


$1,095,348.32 Settlement for 47-year-old Colorado Truck Driver Suffering Fractured Spine, Broken Arm and Knee Injuries in Truck Wreck

$1,095,348.32 settlement for Colorado Truck driver who inadvertently left the rear boom of his commercial truck extended causing it to impact with a railroad bridge at highway speeds.  The impact caused the truck to come to an immediate stop resulting in the driver sustaining a T10 vertebral body fracture as well as fractured of the ulna in his right forearm.  The collision also aggravated osteoarthritis that existed in both the employee’s knees as well as a pre-existing low back injury.

The employee underwent a T8 to T12 fusion with instrumentation for his spine fracture.  He also underwent knee replacements on both his knees paid for by the workers’ compensation insurance carrier.

The driver was paid $93,495.64 in temporary total disability benefits which would be applied against Colorado’s monetary cap of $168,677.59 for total indemnity benefits which could be paid for his date of injury pursuant to C.R.S § 8-42-107.5.  The driver and his attorney got around the limits of the cap by arguing that the worker’s injuries were serious enough that a finding of permanent total disability was possible on the case.

The settlement included $126,000.00 for future indemnity benefits as well as $969,348.32 for future medical costs.  The total settlement had a present value of $784,973.18.

Claimant was represented in the case by attorney M. Scott Ash.

$90,000.00 Settlement for 50-year old Branch Manager Suffering Fractured Ulna, Humerus, and Olecranon in Motorcycle Crash

Fifty-year old Branch Manager of a medical staffing company was injured riding his motorcycle to call on a potential customer.  His employer denied the case stating that the employee did not have any appointments scheduled on his calendar at the time of the crash and there was no other evidence that he was calling on a customer at the time of the wreck.  It was the employer’s position that the Branch Manager was simply on his way to work when he was injured and, considering this, his injury was not covered by the Colorado Workers’ Compensation Act.

As a result of the motorcycle crash the employee sustained: (1) compound fracture of his ulna; (2) fractured humerus; (3) fracture of the olecranon process with displacement of the radial head; and (4) rib fractures.  He underwent emergency surgery for the ulna and olecranon fractures.  The injuries and resulting surgery left him with the inability to fully straighten his arm which became permanent.  The employee was forced to miss seven weeks of work before returning to his job as a Branch Manager.  The employee’s surgeon was of the opinion that further surgery would probably be necessary to give him better extension of his elbow.

The parties settled before trial for $90,000.00.  The employee was represented in the case by attorney M. Scott Ash.


$100,000.00 Settlement for Colorado Side Impact Motor Vehicle Accident Case Resulting in Soft Tissue Back and Neck Injury

$100,000.00 settlement for sixty-one-year-old Colorado woman who was injured when another driver failed to yield her right-of-way and pulled (or most probably slid, as there was snow and ice on the roadway at the time) from a private lot and struck the side of Plaintiff’s car.  The Defendant admitted responsibility for the collision at the scene of the accident.

Although Defendant’s insurance company never formally admitted responsibility for Plaintiff’s accident, it did dispute that Plaintiff was injured as a result of the accident and even if she was hurt, Defendant maintained that her treatment was not reasonable and necessary as a result of the wreck.  Defendant relied upon the fact that Plaintiff had been involved in another motor vehicle accident just eleven months prior to her current wreck, and that her ongoing treatment was related to the prior accident for which she also received a settlement.

Following diagnostic testing Plaintiff was diagnosed with a cervical and lumbar strain and received chiropractic treatment and physical therapy.  She also received two medial branch blocks.  Plaintiff’s medical expenses approached $30,000.  Plaintiff had no lost wages as a result of the accident.

The case was settled for $100,000.00.  Plaintiff was represented by Attorney M. Scott Ash.

$40,000.00 Settlement for Soft Tissue Colorado Slip-and-Fall Premises Liability Case at Restaurant

$40,000.00 Settlement for forty-four-year-old Colorado woman who fell on snow and ice that had accumulated outside a Jack in the Box Restaurant in Littleton, Colorado.  Plaintiff claimed that Jack in the Box failed to warn her of, or protect her from, the presence of ice under a thin layer of snow.  Plaintiff also alleged that the restaurant had failed or negligently attempted to remove the defect prior to her attempting to enter the front entrance of Defendant’s property.  Plaintiff had evidence that Jack in the Box only had attempted to remove the snow and ice after she fell.  Plaintiff suffered a concussion and soft-tissue injury to her neck and shoulder as a result of her fall.  Her treatment consisted of chiropractic adjustments and four rounds of trigger point injections.

Jack in the Box countered that Plaintiff had assumed the risk of injury by the natural accumulation of snow and ice in front of its restaurant, or that this condition was open and obvious to the Plaintiff therefore there was no reason to warn Plaintiff of or try to correct this danger.  Jack in the Box was also prepared to offer evidence that, according to its routine practice, it may have attempted to remove the snow and ice before Plaintiff’s fall down accident.  Defendant also alleged that Plaintiff was not injured by her fall and that her medical treatment was not reasonable or necessary as a result of her fall.

The case settled at mediation for $40,000.00.  Plaintiff was represented by M. Scott Ash.


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