Jonathan Fabricant Wins Workers' Compensation Victory For Client Stricken With Lyme Disease
In a claim filed under New Jersey Workers' Compensation law, Jonathan Fabricant won lifetime disability benefits and medical treatment coverage for his client who became totally disabled due to Lyme disease which was caused by tick bites that occurred during work. Lyme disease is caused by bacteria, which is transmitted by the bite of an infected black-legged tick, commonly referred to as a deer tick. While symptoms can start out and seem like a mild flu, the lasting effects may lead to development of neurological problems such as meningitis, temporary paralysis of one side of your face (Bell’s palsy), numbness or weakness in your limbs, and impaired muscle movement. The severity of the disease and the extent of the client’s disability made the case highly contested.
In order to prove a Workers' Compensation claim, the injured party must prove with a reasonable degree of medical probability that the medical condition is related to the work conditions. On behalf of the worker, Mr. Fabricant argued that the Lyme disease was the result of tick bites that occurred during work. The employer, the New Jersey Turnpike Authority, denied that the debilitating conditions were work related arguing that the client was not bit by a tick while working. The Workers' Compensation Judge agreed with the employee that the disease was work related and awarded the employee Workers' Compensation benefits.
Bathgate, Wegener & Wolf was the third law firm to handle this case and succeeded where the employee’s prior attorneys had failed. The previous attorneys were unable to advance the claim by proving that the client received the tick bites at work and that his medical problems were directly related to Lyme disease.
The victory is important not only because the client was awarded benefits and medical treatment coverage, but also because Workers' Compensation claims based on Lyme disease are not common and are usually won by employers. In breaking the cycle of decisions favorable to employers, Jonathan Fabricant achieved an important victory for his client and paved the way for sufferers of Lyme disease to obtain compensation when the disease is work related. His zealous advocacy on behalf of clients may provide you with a basis to obtain Workers' Compensation benefits when it is difficult to demonstrate that the medical condition is work related.
In order to prove a Workers' Compensation claim, the injured party must prove with a reasonable degree of medical probability that the medical condition is related to the work conditions. On behalf of the worker, Mr. Fabricant argued that the Lyme disease was the result of tick bites that occurred during work. The employer, the New Jersey Turnpike Authority, denied that the debilitating conditions were work related arguing that the client was not bit by a tick while working. The Workers' Compensation Judge agreed with the employee that the disease was work related and awarded the employee Workers' Compensation benefits.
Bathgate, Wegener & Wolf was the third law firm to handle this case and succeeded where the employee’s prior attorneys had failed. The previous attorneys were unable to advance the claim by proving that the client received the tick bites at work and that his medical problems were directly related to Lyme disease.
The victory is important not only because the client was awarded benefits and medical treatment coverage, but also because Workers' Compensation claims based on Lyme disease are not common and are usually won by employers. In breaking the cycle of decisions favorable to employers, Jonathan Fabricant achieved an important victory for his client and paved the way for sufferers of Lyme disease to obtain compensation when the disease is work related. His zealous advocacy on behalf of clients may provide you with a basis to obtain Workers' Compensation benefits when it is difficult to demonstrate that the medical condition is work related.
