DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form the expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
Danny’s Construction Co., Inc.
A construction worker who fell from a roof during working hours sustained multiple body traumas, including to his spinal cord. He was airlifted to the nearest hospital, where he would end up staying over 6 months in several different facilities as an inpatient. The patient racked up close to 1 million dollars in medical expenses. Two insurance companies both denied liability to pay. Our team held the respondent accountable for the expenses in past due bills. We also secured for the petitioner an award of $357,300, totaling in over $1,300,000 awarded to the petitioner.
GAF Corporation
An accounting clerk, during a period of 2 years, was exposed to asbestos. Her exposure was limited to 5 days a week, 1 ½ hours each day. Her job duties were to answer phones during the telephone operator’s lunch hours. The worker had to walk through the manufacturing plant to get to the office. The employer failed to provide evidence in court of the air quality at the plant, failing the burden of proof needed which could have been instrumental to their defense. Her widower sued the employer and was able to hold him and his deceased wife’s estate harmless of all medical bills. The respondent was also ordered to pay dependency benefits and funeral expenses to the widower totaling $239,384.
Patriot Flooring
A 43-year-old forklift driver in shipping and receiving was lifting a roller of linoleum with a coworker. In attempting to lift the 350 lb. roller, he felt a click in his upper back or thoracic spine. His injuries necessitated a surgical fusion along with the insertion of screws and rods in the thoracic spine. Even though the worker was fairly young, Anthony Brown was able to secure an order for judgment for the petitioner of 75% disability or $201,600.
UBS
An elderly man employed as an access controller at a bank fell 18 feet down a flight of stairs. He struck his head on an iron banister, injuring multiple body parts in the process. The worker suffered a concussion, losing consciousness for 3 hours. The injured worker suffered from tinnitus, dizziness, headaches, psychiatric/cognitive issues, and lumbar spine pain. The petitioner, through the services of Craig Livingston, was awarded temporary wage replacement, authorized medical treatment, and disability benefits totaling $333,900.
John Leckie Bus Company
When a bus driver slipped on ice in a bus yard, he sustained bilateral shoulder injuries, as well as injury to his lumbar spine. Even though the petitioner had prior functional loss in the same physical areas, the petitioner was able to receive $206,202 in workers’ compensation benefits, along with authorized medical treatment. At the conclusion of the case, he also reserves the right to re-open his case within 2 years to request additional treatment if necessary.
Acuity Brands, Inc.
While working as a material handler in a warehouse, an individual jumped to get out of the way of a forklift, subsequently injuring his left knee and landing on his back. We filed a Motion for medical treatment and temporary benefits which was granted. The worker underwent a laminectomy and fusion along with a meniscectomy. Frank DiMarzio secured future additional treatment and prescriptions paid for by the insurance company, for the petitioner, as well as a workers’ compensation award of $133,990.
Pleasant Valley Country Club
While moving refrigerators and a freezer using a hand truck, a maintenance worker injured his lumbar spine and other extremities. He received medical benefits to cover the cost of a wheelchair, back brace, and prescriptions, as well as doctor visits. Due to a history of injury to his lumbar spine, the worker was awarded lifetime benefits from the Second Injury Fund for the rest of his life.
Dow Chemical Owner of Patent Chemical Co.
An 85-year-old man who worked for Dow Chemical over 50 years ago was exposed to ortho-tuluidine, a carcinogenic chemical causing cancer to the bladder. His bladder had to be removed, and he now must carry an ostomy bag for the rest of his life. We secured a lump sum settlement of $120,000, as well as continued coverage of his future medical treatment, including chemotherapy.
St. Clare’s Hospital
A 60-year-old nurse’s work duties consisted of moving patients with an average weight of 300 lbs. One day she was pulling a bed to move a patient when she heard a pop. She experienced pain in her neck radiating down her left arm. This resulted in an injury to her cervical spine. She underwent epidural steroid injections as well as an anterior cervical discectomy with spinal fusion requiring instrumentation and bone grafting. Our efforts secured her a workers’ compensation award totaling $119,745, as well as the payment of all medical bills.
Prismatic Development Corp.
A foreman was struck in the head with the bucket of a backhoe, knocking him to the ground. The worker experienced vertigo, aggravated arthritis, as well as a cervical strain. He was granted wage replacement and payment of his medical expenses. Based on his prior work injuries, an application was made to the Second Injury Fund for lifetime benefits, which was successful, granting him lifetime workers’ comp benefits.
Hi-Tech Steel Inc.
A welder involved with steel work and demolition projects developed pulmonary issues during the course of his employ. These included Chronic Obstructive Pulmonary Disease, commonly known as COPD, and asthma. The inhalation of metal dusts, diesel exhaust, and welding fumes had a significant effect. He developed depression and anxiety due to his ailments. Craig Livingston cross-examined witnesses in the worker’s trial and ensured that the respondent be responsible for all necessary medical treatment, as well as awarding our client $261,737 in disability benefits.
Sandy Alexander, Inc.
A worker sustained a trip and fall during work hours. He tried to break his fall with both of his hands, consequentially twisting his shoulders. Bilateral rotator cuff tears prompted surgery. Unfortunately, during surgery, the medical professionals encountered internal bleeding, which led to his death. His widow collected workers’ comp benefits totaling $121,635 on behalf of his workplace accident.
General Electric
A longtime field service technician for General Electric stepped on a pallet that had a nail sticking out of it. The nail penetrated his left big toe. The worker was a diabetic, and he developed an infection, and osteomyelitis. He returned to work with some treatment, but his left foot hadn’t fully recovered. Subsequently, the petitioner was putting more pressure on his right foot shifting weight in physical work duties, leading to a right heel ulceration. Our team argued for total disability of which, the client will receive $125,591 through 225 weeks. Based on his work and pre-existing injuries, an application was made to the Second Injury Fund for lifetime benefits, which was successful, granting him lifetime workers’ comp benefits.
ABCO Peerless Sprinkler
A pipe fitter worked in a Sears building that had been undergoing renovation. The boiler room contained asbestos in the ducts as well as the boiler itself. There was also asbestos in the ceiling and floor tiles. The petitioner reported that he could see the dust and asbestos fibers within the air while men 2-3 feet away were ripping off asbestos inhalation. The worker wore no mask or respirator as he was not warned. We argued that his occupational exposure to asbestos was causally related to his condition. After the worker died at 87 years old, his widow pursued a case against the employer, of which she took home $283,500 in dependency benefits.
Marlboro Middle School
A school librarian who worked for over 17 years was exposed to asbestos during her employ. The building and library she worked in was built before 1981 when protection was generally not provided. During her employment there were renovations and asbestos abatement projects inside the library. She passed away due to pulmonary mesothelioma. After a lengthy trial with over 10 subpoenas issued, we argued causal relationship for her death due to mesothelioma, from asbestos. Her widower was able to sue his deceased wife’s former employer 5 different times through Craig Livingston. This amounted to $165,000 in 5 lump sum settlements.
Unity Electric, LLC
An electrician who worked at demolition and renovation sites was exposed to harmful substances during his long career. Some of these substances came from wire, pipe covering, drywall, and various concrete projects. These projects included construction dust and debris, asbestos, cleaning fluids, glue, and solvents. He also worked in paint rooms, refineries, and buildings built anywhere from 1920 to the present day. His usage of personal protective equipment such as masks or respirators was minimal. The worker developed mesothelioma as a result of his work duties. Through our firm, he was able to take home $233,589 in workers’ comp benefits. In addition, based on his pre-existing injuries, an application was also made to the Second Injury Fund for lifetime benefits, which was successful, granting him lifetime workers’ comp benefits.
State of NJ Department of Correction
A prison guard developed metastatic lung cancer and malignant mesothelioma. During his career, asbestos abatement projects were conducted in the workplace. The worker also had a long-standing history of smoking, to the extent of two packs per day, making it more difficult to obtain an award. After the worker’s death, however, Craig Livingston was nonetheless able to win workers’ comp benefits of $187,650 for his widow.
Continental Airlines
On an overseas flight, a flight attendant was maneuvering a heavy case of alcohol and had to twist and pull to move the case. She injured her neck and subsequently was treated for cervical spondylosis and inflammation. Eventually she required surgery and cervical disc replacements. We secured an amount of $110,580 for the petitioner due to her work-related injuries.
United/Continental Airlines
A service manager was carrying bottles of alcohol on a flight when the plane experienced sudden drops in altitude. At the first drop, she struck her lower lumbar spine on a hand rest. When a second shift in altitude occurred, she was thrown off her feet, head nearly striking the ceiling, and landed on the floor. The claimant sustained herniated discs and had to undergo multiple epidural steroid injections as well as physical therapy for her lumbar spine. We prosecuted the case and the airline was held responsible for all medical expenses as well as payment of an award of $120,150 to the petitioner.
GAF/G-I
A worker in the business of working with asbestos roofing shingles died as a result of his occupational exposure. The worker developed pulmonary asbestosis and fibrosis leading to respiratory failure. Though there were serious issues regarding causal relationship, his widow, at 85 years old, was able to obtain a speedy lump sum settlement of $110,000 on behalf of her deceased husband.
Dow Chemical
Over the course of his employment, a worker was continuously exposed to asbestos. His duties included unloading asbestos from trains, delivering it to warehouses, and working in laboratories where it was present. The worker eventually developed a right lung mass diagnosed as mesothelioma, for which the worker was started on a course of chemotherapy. Craig Livingston argued for total disability and won the petitioner an award for total disability, along with treatment of his mesothelioma paid for by the insurance company.
Adesa Inc.
After a painter sustained a trip and fall at work, he injured his cervical and lumbar spine. Based on his work and pre-existing injuries, an application was made to the Second Injury Fund for lifetime benefits, which was successful. After initially receiving workers’ comp benefits totaling $202,591, the petitioner will continue to receive weekly lifetime benefits so long as they are totally disabled.
Salson Logistics, Inc.
While working as a truck driver, the employee tried to open a frozen trailer door. The door eventually let loose, striking the worker on the left shoulder. The worker sustained a massive rotator cuff tear, biceps tendon tear, and an aggravation of pre-existing age-related AC and shoulder joint arthropathy (joint disease). Our efforts in prosecuting the case brought closure to the injured worker with a permanency award of $285,713. Based on his pre-existing injuries, an application was also made to the Second Injury Fund for lifetime benefits, which was successful, granting him lifetime workers’ comp benefits.
H.T. Lyons, Inc.
A longtime plumber was exposed to asbestos and dust during his employ with various contractors. His work around boilers contributed to his exposure. The worker smoked one pack a day of cigarettes for close to 40 years. Unfortunately, he succumbed to pulmonary fibrosis, hypertension, and respiratory failure. Craig Livingston prosecuted the case on behalf of his widow for the deceased worker’s injuries. The prosecution of the case included a lengthy trial with dozens of subpoenas issued, testimony of witnesses, and depositions. The worker’s widow ended up taking home a $300,000 lump sum settlement.
SCI New Jersey Funeral Service
While working at his usual job as an operations consultant, the petitioner injured his low back. He had been transporting a 300 lb. body on a gurney from a hospital morgue to a funeral service vehicle. The stretcher collapsed under the weight, prompting the worker to try to keep it from falling, only for him to fall as well. The worker subsequently reported an aggravation of his prior back condition including left-side shooting pain or radiculopathy and sciatica. Even with pre-existing and age-related injuries, our efforts secured the worker an award of $137,522.
New York Carolina Express
A driver slipped on black ice during work, sustaining injury to his cervical spine and left shoulder. After a failed open rotator cuff repair of the left shoulder requiring arthroscopic revision, our firm secured $128,250 in a permanency award along with all authorized medical bills paid for by the respondent.
Palisades Medical Center
An x-ray technician slipped on IV fluids during work. A year later, she slipped in the parking lot at work. The claimant also sustained cumulative occupational trauma working 70 hours a week with repetitive motions. Our client was able to attain an award of $228,888 through the efforts of our distinguished attorney, Craig Livingston. Based on her pre-existing injuries, an application was also made to the Second Injury Fund for lifetime benefits, which was successful, granting her lifetime workers’ comp benefits.
All-State Power Vac
A man working in an underground pipe for many hours in extreme heat became unresponsive. He suffered a massive subarachnoid hemorrhage due to an aneurysm. We filed a workers’ comp suit on behalf of the widow and won a $150,000 lump sum settlement.
Town of Harrison
A city worker suffered occupational injury in the course and scope of his employment. His job involved loading bulk garbage, weed whacking, snow removal, constant driving, and covering potholes with blacktop. The claimant eventually developed low back pain. Frank DiMarzio prosecuted the case and won a $100,000 lump sum settlement for the worker.
Xcel Plumbing and Heating
An HVAC technician was changing an electrical part and his screwdriver hit a wire, causing him an electrical shock. The claimant fell 2-3 feet, resulting in injury to his left shoulder, cervical spine, and low back. Our firm secured the worker an award of $133,920 due to his occupational injuries, in addition to the right for continued medical care.
St. Michael’s Medical Center
A nurse’s assistant was exposed to repetitive bending and lifting of patients during her employment. At one point she was lifting a patient weighing approximately 300 lbs. and felt pain in her right shoulder. Three years later, she was assisting several nurses with a seriously ill patient when she felt cracking and popping in both shoulders. Her history of injury to her shoulders made it possible for us to file an application to the Second Injury Fund for lifetime benefits. This was successful, granting her an initial award of $115,442 in addition to lifetime benefits.
PRG Health Services, Inc.
An office manager hit her foot on a makeshift doorstop, causing injury to her great right toe and low back. Eventually the petitioner experienced complications from a spinal cord stimulator that was implanted for back pain. In addition, her pre-existing multiple sclerosis inhibited her ability to work without complication. Although the petitioner suffered from unrelated multiple sclerosis, Frank DiMarzio obtained an order approving settlement in the amount of $115,020 for the injured worker.
Liberty Mechanical Contractor Inc.
During work, a welder was struck on the head and left leg by a 400 lb. steel plate. It fell from a forklift which was being handled by a coworker. The worker suffered a concussion, ACL tear, and other left leg injuries. Craig Livingston obtained an order approving settlement in the amount of $114,954 for the injured worker.
Eastern Freight Ways
A truck driver injured his neck and back when he struggled to open the overhead door of a trailer. The injuries to his neck necessitated complex spinal surgery including a fusion and utilization of spinal instrumentation. Craig Livingston prosecuted the case and obtained a settlement of $125,000 for the injured worker with the right to re-open the case for future medical care.
Foster Wheeler
A mechanic, during his 40-year career, performed boiler repair, machine repair, and pipe fitting. As a result of his job he was exposed to Asbestos, which consequently created or aggravated adenocarcinoma of the left lung. The retired petitioner often required rescue inhaler therapy and albuterol to satisfy air hunger during sleeping hours. It is noted that the worker smoked one pack of cigarettes a day for 30 years. Our firm secured for the client a lump sum settlement of $125,000.
City of Newark
While performing an inspection, a code enforcement officer was struck by a bakery truck. It ran over her left foot and knocked her to the ground. The petitioner would later require bilateral knee replacements. Frank DiMarzio was able to secure authorized treatment for the injured worker and file a Second Injury Fund petition, winning the injured worker payments of $613.20 a week for life.
International Brotherhood of Teamsters
A representative for the International Brotherhood of Teamsters was scheduled to meet with Trade Union leaders in El Salvador. He was on official business building a solidarity network between transportation unions and maritime port truck drivers, an oppressed class of workers at the time. Unfortunately, he was assassinated due to his organizing. Even though his assassination was due to rogue criminals unaffiliated with the Teamsters, the representative’s daughter was able to collect a $90,000 lump sum settlement through Craig Livingston.
East Coast Sanitation Company, Inc.
While at work, a sanitation worker fell on the job. He was subsequently run over by a dump truck. The worker suffered serious injury including degloving injuries, dislocated toes, scars, a neurogenic bladder, and pelvic ring injuries. The worker had to undergo a colostomy, insertion of stents, lithotripsy, among other surgeries. Our team worked to secure the client paid medical treatment, and an initial workers’ comp award of $244,000. Based on the extent of his injuries, an application was also made for Total Disability, which was successful, granting him lifetime workers’ comp benefits.
Palomar Homes
A construction project manager was struck by the door of a backhoe. He subsequently developed spinal myelopathy and chronic pain syndrome. The injured worker also experienced psychological complications following his accident, including depressed mood, and panic disorder. Our firm was able to secure the petitioner authorized medical treatment paid for by the respondent. The extent of the worker’s injuries prompted us to file an order for Total Disability, which was successful. We also won an initial settlement of $310,621 for the injured worker. After his initial award, the petitioner will receive lifetime benefits of $691 a week.
County of Middlesex Department of Highways and Bridges
A senior traffic maintenance worker was pulling up a jackhammer when he injured his neck. The worker had a history of pre-existing injuries spanning back over 20 years, including a vibration injury, developed through repetitive machinery use, and a pneumothorax. In all the petitioner had a total of 10 pre-existing injuries that complicated the ability to obtain a fair workers’ comp award. Our team however secured $80,000 for the injured worker.
Warren George, Inc.
A driller’s helper had to carry 5-gallon buckets of mud 100 yards to dump them. He proceeded to do this 15 times when he felt pain in his lower back. Due to back injuries, including a hip contracture and lumbosacral myositis (back inflammation), our client received an initial workers’ comp award of $137,733. Based on his pre-existing injuries, an application was also made to the Second Injury Fund for lifetime benefits, which was successful, granting him lifetime workers’ comp benefits.
East Coast Hazmat/Four Strong Builders
An asbestos abatement worker/supervisor was exposed to asbestos over a 2 yr. period. Although he was a cigarette smoker for over 32 years, his death and pathology was also consistent with exposure to iron dust and asbestos. The worker’s diagnosis was metastatic, non-small cell lung cancer. Even with the history of smoking, his widow, through the office of Craig Livingston, was able to collect $400,000 in lump sum settlements.
Pioneer Rentals, Inc.
During his employment with various employers starting in the 1940’s, a worker was exposed to asbestos. Examples of work he performed involving this substance included interior fire-proofing commercial buildings, roofing houses with asbestos shingle tiles, stippling ceilings, and performing brake/clutch jobs at automotive shops. The worker, at approximately 80 years old, unfortunately passed away due to emphysema/COPD and malignant mesothelioma. His widow was able to collect $350,000 in lump sum settlements through the office of Craig Livingston.
Bard International, Inc.
A senior customer specialist was at work when she tripped on carpeting, landing on an outstretched right arm. Complications from the injury resulted in osteonecrosis, defined as death of bone tissue, necessitating multiple surgeries. At the conclusion of the case, the petitioner’s medical bills were covered, and a workers’ comp award of $147,060 was due to the injured worker.
Community Corrections Corp.
A youth counselor corrections officer was attempting to restrain a juvenile when she was kicked in the back, injuring her right shoulder, neck, and back. The petitioner was awarded $111,507, along with financially secured treatment of any future medical conditions regarding the injuries. Based on her pre-existing injuries, an application was also made to the Second Injury Fund for lifetime benefits, which was successful, granting her lifetime workers’ comp benefits.
Murphy Building and Remodeling
While working at a construction site, an individual had a foreign object hit his left eye. The worker suffered pink eye (conjunctivitis), astigmatism, and a corneal tear, causing a significant loss of vision in the eye. The petitioner, through our law office, acquired paid medical treatment for his condition, as well as disability benefits totaling $126,500.
Passaic Valley Sewerage Commission
An individual suffered a heart attack while shoveling sewerage. The aftermath of the episode led to heart surgery and coronary artery bypass grafting. Notwithstanding the fact that the worker was predisposed to certain hereditary and lifestyle factors, Frank DiMarzio pursued this case and secured an order approving settlement in the amount of $95,850 for the injured worker.
Home Depot
A kitchen designer sustained a concussion when a box of crown molding fell and struck her on the head. She suffered a cervical herniated disc in her neck and a right rotator cuff tear. The petitioner also developed adjustment disorder with mixed anxiety and depressed mood, which translated into a neuropsychiatric disability. Frank DiMarzio took Home Depot to task and won the petitioner a total of $210,480 to be paid out in weekly disability benefits, along with the right to re-open her case and request additional treatment if needed.
Northwest Essex Community Healthcare Net
A floor supervisor was lifting a 15 lb. box when she heard a pop in her right shoulder. The petitioner suffered a right rotator cuff tear and herniated disc necessitating a discectomy and fusion. LIVINGSTON DIMARZIO BROWN, LLP pursued this case and secured treatment which paid for by the respondent, as well as an award of $95,558.
City of Newark
A police officer received a call about a domestic dispute. After trying to apprehend the husband involved, the officer got pinned down, suffering injury to his shoulder and neck. His work injuries necessitated that he receives arthroscopic surgery for his left shoulder, due to shoulder pain. He also suffered several bulging discs. Anthony Brown represented the officer and won him an award of $103,680, along with the right to re-open his case within 2 years and request additional treatment if necessary.
Artube/Iridium Industries
A restrained driver was involved in a work-related motor vehicle accident when a bus came into her lane, hitting the driver on her left side. The petitioner sustained injuries to her cervical and lumbar spine with herniated discs. After undergoing physical therapy, she underwent a cervical decompression and fusion. LIVINGSTON DIMARZIO BROWN, LLP represented the driver and won her weekly disability benefits totaling $189,990, notwithstanding a pre-existing spine condition. He also made sure that the respondent held the petitioner harmless for potential liens of $73,857, as well as medical bills totaling $11,269.
Triple S Inc. dba Tripple Entertainment
When an electronic technician was lifting heavy audio equipment, he felt pain his back. Several months later, after lifting a record turntable, he re-injured his back, necessitating back surgery. Following the surgery, Frank DiMarzio won a settlement of $143,355 for the petitioner.
Iron Hill Construction Management
A project manager was working on a roof when an overlying structure collapsed, pinning him between the roof and truss. The petitioner suffered severe nerve damage, fractured leg bones, and post-traumatic stress disorder. Subsequent to the conclusion of treatment we argued that the petitioner was totally and permanently disabled, and secured him disability benefits totaling $281,544.
St. Peter’s Hospital
A worker who spent the majority of his working life as a carpenter and general maintenance person experienced long-term occupational exposure to asbestos. He was diagnosed with pleural malignant mesothelioma of the right lung and subsequently died 2 years later at the age of 71. LIVINGSTON DIMARZIO BROWN, LLP pursued this case and acquired testimony of a witness describing the worker’s job duties, including times when the worker broke through ceiling tile and sheetrock while working at a hospital. Thorough investigation also revealed that the hospital had buildings that were constructed before OSHA regulations enacted in 1981. Our team was able to obtain a speedy lump sum settlement for the deceased workers’ widow of $75,000.
The Davis Transportation
A truck driver was picking up heavy tarps on a trailer when he felt pain in his neck and back. He sustained multiple herniated discs, which necessitated a spinal fusion in addition to bone grafts and insertion of spinal instrumentation. His workers’ compensation award is paid out at $540 a week through 285 weeks totaling $126,696.
United Airlines
A United Airlines flight attendant tripped over a rug while boarding a plane. His accident prompted complex spinal surgery including an anterior discectomy with total disc replacement. Frank DiMarzio represented the injured worker and won him workers’ comp benefits totaling $121,125, along with the right to re-open his case within 2 years of the last payment of benefits and the right to request additional treatment if necessary.
Green Day Transport, LLC
After a truck driver opened the door of his trailer to unload cargo, a 520 lb. package fell onto him, fracturing his right elbow and arm. Craig Livingston represented the worker and won him an award of $103,856. Eventually the petitioner sought additional treatment and Mr. Livingston filed a re-opener claim petition against the same employer. Following an additional surgery requiring an ulnar nerve transposition with neurolysis, the petitioner was able to receive an additional $48,221 to cover his medical bills.
Town of Kearny
A police officer who worked as a patrolman and detective for the town of Kearny was exposed to asbestos in an approximately 100-year old building with deteriorating plaster and exposed pipes. The officer was diagnosed with colon cancer in 2008, and later died in 2013. Craig Livingston won a dependency case in a speedy lump sum settlement, without trial, on behalf of his widow. She took home $77,469.
Worldwide Tech Services
A TV repairman was at a customer’s home carrying heavy parts for a television when he fell into a pothole covered by leaves. He twisted his left knee in the process, also injuring his lumbar spine. His injuries necessitated bilateral total knee replacements. In securing an award for the injured worker, the firm secured surveillance video of the petitioner walking with an altered gait and a limp, which aided in securing authorized medical treatment and an award of $238,395.
United Airlines
A safety coordinator for United tore his rotator cuff while assisting with unloading an aircraft. After he failed conservative treatment, we were able to secure surgery for the injured worker and the payment of his medical bills. At the conclusion of treatment, the injured worker was awarded $105,840.
PSE&G
A field collector for PSE&G was using a large wrench to shut off a gas meter when he injured his low back. He suffered a herniated disc requiring a lumbar laminectomy, along with insertions of screws and plates in his back. The worker received temporary disability benefits during this time, along with physical therapy authorized by the insurance carrier. He received a workers’ compensation award of $101,250, and was able to go back to work full-time.
Mountainview Construction
A foreman was exposed on a constant and daily basis to toxins and carcinogens. These consisted of asphalt, asbestos, fumes, and more. His job duties included breaking up stone and concrete using gas-powered saws, causing him to inhale the dust from these materials. The worker had a history of respiratory problems such as asthma and COPD. He developed severe and obstructive lung disease as a result of long-term occupational exposure. Our firm was instrumental in obtaining total and permanent disability benefits for this injured employee for his lifetime.
Dixon Brothers Oil Co.
A fuel delivery driver’s work duties necessitated pushing and pulling a fuel hose. Twice, his arms became stuck in the hose, injuring his shoulders. The petitioner underwent bilateral rotator cuff repairs for both shoulders as well as other shoulder surgeries. Craig Livingston prosecuted the case and obtained $177,301 for the worker until he reaches 62 years of age. Thereafter, the employee shall receive total and permanent disability benefits which will be paid out for the rest of his life.
United Airlines
A United Airlines flight attendant was on a plane that hit turbulence when a beverage cart door struck her on the knees. She fell backwards, injuring her low back. The worker received organized physical therapy, however her pain continued and she was put on opioids such as Oxycodone. Unfortunately, she died after several years of usage. The case went to trial, and after testimony by multiple physicians, it was concluded that the worker’s duration of usage and/or dosage of the painkillers was not reasonable or necessary. Craig Livingston secured for the widower a lump sum settlement of $225,000.
Matute Home Improvement
Craig Livingston won a dependency case on behalf of the 4-year-old daughter of a construction worker who died falling off a roof. The deceased workers’ daughter was awarded $1,785.00 per month until the age of adulthood.
Halasz Electrical Company
An electrician fell 10 feet to the ground when a ladder he climbed slid away from the truck, injuring his back in the process. The claimant had injured his back multiple times prior, including in a motor vehicle accident. Craig Livingston obtained an award of $1,896 a month for the worker through 5 ½ years.
Specialty Surgery of Middletown
A nurse sustained an injury to her neck while wheeling a patient out the door. Even though the petitioner had a prior whiplash injury deemed a pre-existing injury by the insurance company, the firm was able to secure an additional award and settlement of $112,095 for the injured worker.
St. Joseph Hospital
While attempting to lift a 300-pound patient, a physical therapist injured her back and neck. Our firm obtained the petitioner $2,024 a month for approximately 5 ½ years, despite having pre-existing lumbar injuries, and she was able to return to work. Three years later, when the petitioner tried to help a patient out of bed, and aggravated her lumbar spine condition, we won a lump sum settlement for the petitioner, against the same employer, for $15,000.
Newark Housing Authority
Craig Livingston represented a corporative property manager who worked for the Newark Housing Authority. After slipping on ice in 2009, her left leg lost half its functionality. The petitioner had a prior history of knee surgeries through multiple motor vehicle accidents. Her case was settled for $101,294.
Bonland Industries, Inc.
During the time of the petitioner’s employment from 2005 to 2007, a sheet metal worker was exposed to continuous lifting, pulling, and other work efforts. Unrelated to the case, the petitioner had bilateral carpal tunnel surgery in 2000. This reemerged later, along with injuries of a left and right rotator cuff tear. Craig Livingston secured an order approving settlement, obtaining for him $2,084 a month for approximately 5 years and 8 months.
Woodbridge Township Board of Education
When a guidance counselor slipped on a wet floor while coming into the school, she was able to obtain medical treatment, paid for by the insurance company, for her back. After the case was resolved, the judge ordered that the employer be responsible for further medical treatment if necessary. The petitioner was entitled to $118,260 in a permanency award.
Garden State Honda
A maintenance worker was shoveling snow when he suffered a torn rotator cuff in his shoulder and a herniated disc in his back. After negotiating an order approving settlement, the petitioner’s medical bills were paid by the insurance company, and he was awarded $204,840 with the ability to re-open his case within 2 years to obtain additional treatment if necessary.
Comcast
While carrying a ladder, a technician slipped on ice and twisted his back, sustaining two herniated discs. He developed sciatica, and was eventually let go after switching between light duty and full duty. We were able to obtain a settlement with the respondent paying all his medical bills, as well as awarding $125,280 in workers’ comp benefits.
Phoenix Interiors Inc.
A demolition worker struck himself in the right eye with a nail after removing it from the floor. He was not provided any eye protection, and subsequently developed corneal opacity and nebula. After testimony by multiple expert witnesses specializing in the medical field, an order for judgment was approved, awarding the petitioner $118,545 over a period of 275 weeks.
Nutley Board of Education
A grounds crewman injured his back lifting a 50 lb. pail of chemical liquid. After lengthy negotiations, Frank DiMarzio obtained total permanent disability benefits for the client. The initial award of $138,116 was payable for 225 weeks. He previously had injuries in the affected area before the accident; nonetheless the petitioner will continue to receive weekly benefits for the rest of his life from the Second Injury Fund.
Milford Manor Nursing Home
A medical assistant was assaulted by a patient, suffering injuries to her neck. Although the petitioner had prior cervical injuries for which she had been awarded compensation, Craig Livingston was able to win an award containing 100% of total and permanent disability. After a full trial with several expert witnesses, the plaintiff will receive contributions from the Second Injury Fund for life after an award of $63,860 over a pay period of 270 weeks.
Newark Board of Education
A maintenance custodian was pushing a table when he starting feeling pain. The petitioner suffered a cervical and rotator cuff injury. After testimony by multiple expert witnesses, Frank DiMarzio secured the petitioner $178,342 over 450 weeks. The petitioner will continue to receive benefits after this period.
Verizon
Repetitive motions of the neck, shoulders, hands, and back were injurious to a service analyst at Verizon during 11 years on the job. She developed hypertension as a result. In addition to a severance package of approximately $35,000, Frank DiMarzio secured a lump sum settlement of $75,000 for the petitioner.
Newark Board of Education
While disposing of garbage, in 2010, a custodian felt pain in his left shoulder and neck, which developed into cervical radiculopathy. Due to having pre-existing injuries in his left shoulder he sustained on the job in 2004, he is eligible for weekly lifetime benefits from the Second Injury Fund. This will be paid out after an initial award of $194,420.
Hi-Tech Exteriors
A construction worker was working on a roof when he slipped and landed on his truck. He landed on his feet and experienced severe pain, for which he was prescribed pain medications. He had been heroin drug-free for 3 months, but he overdosed, which unfortunately led to his death. A workers’ compensation dependency case was filed on behalf of his son. After hearing testimony of the physicians, the judge effectively ruled that the prescription of pain killing drugs fentanyl, morphine, and oxycodone by the authorized treating physicians was sufficiently related to the work injury to entitle his child to dependency benefits. Craig Livingston won him an award of $415,558 plus the possibility up to the child, if he attends college, for an additional $193,600. The total potential to the child is $609,159.
Hackensack University Medical Center
A security guard attempted to sit in a broken commercial swivel chair when she fell off, resulting in an injury to her low back. The petitioner had pre-existing back conditions, which were exacerbated into lumbosacral and cervical radiculopathies. Subsequent to surgery, the respondent was ordered to pay $90,473, in addition to a disability lien of $5,352.
Continental/United Airlines
A flight attendant was lifting overhead when her lower body was struck by a breakfast cart. She suffered injuries to her lower left leg, left foot, and low back, including Achilles Tendinosis, and spondylolisthesis of the lumbar region. Following conservative treatment, Anthony Brown represented the petitioner and was able to win her a speedy lump sum settlement of $50,000, after which the petitioner returned to work.
Suburban Inc., a subsidiary of the New York Times
A newspaper delivery person was sitting on a bench when it collapsed, causing him to fall on a concrete floor, aggravating his prior back condition suffered from previously being hit by a truck. As a result of the fall, he became totally and permanently disabled due to back injuries. Frank DiMarzio represented the petitioner and won him an award of $144,893 over 337 weeks, subsequent to which the petitioner will receive benefits from the Second Injury Fund for the rest of his life, estimated to be in upwards of $850,000.
Newark Housing Authority
A boiler operator was exposed on a constant and daily basis to numerous pulmonary irritants including asbestos, silicates, particulates, dust, and fumes. He started to develop increased phlegm production, wheezing, chronic cough, severe dyspnea and chest pain. After examination, he was found to have a large pneumothorax and obstructive and restrictive lung disease. Even though the petitioner had a pre-existing condition of sarcoidosis, Frank DiMarzio was able to win him an award of $129,305 in disability benefits.
Raritan River Garage
A certified auto mechanic was exposed to deleterious substances including asbestos and smoke. Unfortunately, he died of metastatic mesothelioma to the esophagus. Craig Livingston represented his widow in a dependency case. After testimony by multiple expert witnesses, Mr. Livingston was able to win his widow estimated lifetime benefits of $382,629. All related medical bills of the deceased will also be paid for by the respondent.
Comcast
A Comcast worker was carrying a 28-foot, 110 lb. extension ladder to station at a customer’s house. After misjudging how large the turn was around the house on a windy day, the worker felt a pop in his lumbar spine and fell. He sustained a herniated disc. While undergoing authorized medical treatment paid for by the insurance company, the worker’s injuries necessitated a lumbar microdisectomy followed by a laminectomy and insertion of an interbody cage with pedicle screws. Even though the petitioner had prior back accidents, we were able to secure for him an award of $132,899.
Specialty Surgery of Middletown
A Toms River critical care nurse injured at work previously received a 2012 award for $112,095 following a cervical discectomy and fusion with instrumentation at 2 levels. The nurse was represented by Livingston DiMarzio who subsequently re-opened her case in 2014 after the neck pain resurfaced. Additional treatment was secured for the client. After going on to have 2 additional surgeries with removal or previously placed hardware, additional fusions and replacement of hardware, the firm was able to negotiate a new settlement for $147, 075. The client was also able to return to work fulltime as a pediatric ICU nurse.
Mid Hudson Fork Lift
In May of 2008, our client was hit by a truck at a construction site suffering multiple bulging and herniated discs to his neck and low back. He subsequently had a cervical fusion with disk replacement followed by a second surgery in which the fusion was revised. After his personal injury suit settled, he received less than $20,000. Frank DiMarzio took on the worker’s comp case in 2015, filing a Second Injury Fund petition alleging total disability as a result of prior and work-related injuries. After a full trial, Frank DiMarzio won the client total disability benefits retroactive to the day of the 2008 injury, or $111,111.00. The petitioner was also awarded $1,347.52 per month for the rest of his life.
Dixon Brothers Oil Co.
The Petitioner previously received $45,000 for a right shoulder injury he suffered while working as a fuel truck driver for his old company. While working for his new employer, Dixon Brothers Oil Co, the client injured both his right shoulder and left shoulder. Though the employer admitted that both injuries were work-related, they refused to admit that our client was totally and permanently disabled. The case was litigated against the largest insurance company in State. Following the breakdown of settlement discussions, Craig Livingston took the case to trial and won the client total permanent disability resulting in a gross award of $231,336.00, $50,000.00 more than what was previously offered.
Home Depot
Our client developed a deeply aggressive form of asbestosis and restrictive lung disease following a career as a tile installer working with asbestos latent tiles. The disease ultimately left him totally and permanently disabled as of 2015. The client was ultimately concerned about securing payments for his wife prior to his death. With this in mind, Livingston DiMarzio was able to negotiate a settlement of $225,000.00 The petitioner was also able to receive Social Security Disability and maintain his right to receive payments from any future personal injury settlements against manufacturers of asbestos latent tiles.
Raritan River Garage, Inc.
The Widow of a Raritan River Garage mechanic alleged that her husband’s exposure to asbestos while repairing brakes and truck clutches over a 13 year period caused his death from mesothelioma. Subsequent to preparation of the case by Craig Livingston and a full trial on the issues in Ocean County, the widow was awarded $379,129 in Workers’ Compensation benefits.
Costco
The Petitioner injured her ankle as a gas station attendant. She returned to light duty after 3 months then, 3 months later to full duty. After trial began, a settlement of $32,500.00 was secured.
Davis Transportation
A truck driver with a history of neck injuries sustained additional injuries to his neck. Prior to trial a settlement was negotiated in the amount of $153,900.00.
Next Day Fliers
A settlement was reached for a client with neck injuries where the client will receive an approximate gross payout of $200,000.00. The insurance carrier will continue to be responsible for future medical treatment.
Foster Wheeler
Cancer in the neck due to asbestos. The last date of exposure was over was over 15 years before the diagnosis. The case was settled for $125,000.00. The wife has a separate claim in the event that the cancer causes her husband’s death.
PSE&G
An Order was entered in the amount of $105,840.00. The Petitioner was in a motor vehicle accident when he sustained injuries to his back and hip. He also had a separate claim against the driver of the other vehicle.
Rohm & Haas
Craig Livingston won for the wife of a Rohm & Haas worker an award of weekly dependency benefits of $794 per week for her life after the employer admitted that our client’s deceased husband’s bladder cancer was caused by his employment. The widow will receive $794 per week for the rest of her life which is estimated to be an award in the amount of $ 1.1 Million Dollars.
Dow Chemical
A Dow Chemical worker was killed by mesothelioma which he contracted while working with asbestos at Dow Chemical. Craig Livingston held Dow chemical responsible for paying $55,000 in accrued benefits plus projected benefits over the widow’s lifetime which would result in the award of additional $756,246.00.
General Motors
Frank DiMarzio won lifetime total permanent disability benefits for an auto worker who was not actually on the clock at the time of the accident. When General Motors appealed the decision awarding the worker these benefits, Mr. DiMarzio successfully argued and had his case upheld by the New Jersey Supreme Court.
Polychrome Corp
Craig Livingston represented the widow of a heating and air conditioning mechanic who developed lung cancer and died because of his exposure to asbestos. After a 5 day trial, he won an award for $ 691,650.00.
Xcel Plumbing
Employee suffered electrical shocks. A settlement was obtained for neck and back injuries in the amount of $133,920.00.
Dow Chemical
Permanent disability benefits were awarded for an exposure to chemicals. Bladder cancer was diagnosed over 40 years after the exposure. The Claimant will also continue to be covered for all future medical expenses.
Plainview Growers
A settlement was reached for a truck driver who will receive weekly payments for the rest his life. This estimates to a payout of over $900,000.
Palomar Homes
A settlement was received for a 51-year-old construction worker with spinal injuries that is calculated to pay out over $1,050,000.00.
Campbell Foundry
A positive verdict was obtained for the widow of a foundry worker who died of lung cancer that was not diagnosed until eight years after he retired. The widow will receive $700.00 a week for the rest of her life.
Home Depot
A verdict was won requiring the employer to pay for a state of the art prosthetic leg. The prosthesis cost $51,000.00. The employer will be responsible for the cost of maintenance of the device for the rest of the worker’s life. The employee was then awarded compensation for permanent disability and lost wages.
NCR
We settled a case on behalf of a widow whose husband died of a deep vein thrombosis, alleged to be due to driving to a business trip. After a full trial, but before the court rendered a decision, the employer, who had previously refused to offer any money, agreed to pay $300,000.
Catton Brothers
When several employees were seriously injured, including one who died as a result of the injuries sustained in this motor vehicle accident, Frank DiMarzio proved to the court that this was a compensable claim under the Ride Sharing portion. He successfully argued this case before the New Jersey Supreme Court who upheld the lower court’s decision.
Danny’s Construction Company
Dennis Baptista won a workers’ compensation award valued at $ 1.3 Million Dollars for a self-employed construction worker who became a paraplegic as a result of a fall from a roof while working on his own home. After the payment of this award, our client will continue to receive permanent disability benefits and 100% medical coverage for the rest of his life.
Rutgers University
Dennis Baptista obtained a lifetime award of Total Permanent Disability Benefits for a client whose injury confined her to a wheelchair and additionally received a court order compelling the workers’ compensation insurance carrier to pay for special housing to accommodate her handicap.
S&S Roofing
Dennis Baptista was representing a roofer with an eye injury when the roofer sustained a work-related death before the claim was resolved – leaving behind no wife, children or other dependents. When it was discovered that the deceased roofer’s girlfriend was pregnant, Baptista obtained workers’ compensation awards totaling $ 550,000. for the unborn child.
Merck & C
We obtained a lifetime award of Total Permanent Disability Benefits for a client whose work-related injury was a tear of the left rotator cuff. He was able to accomplish this even though the client was subsequently injured and incarcerated for assaulting a police officer.
American Airlines
When the insurance carrier refused to pay for a knee replacement for a worker who fell on his knee, We filed a Motion for Medical Treatment and after taking the testimony of three orthopedic surgeons, the court ordered that the insurance company pay for the treatment and provide temporary disability benefits to the worker while he was out of work.
Federal Machine
The widow of a member of the Machinist Union was awarded dependency benefits for the rest of her life which we estimate will result in her getting over $400,000.00. The machinist died from a chronic obstructive lung disease which was as a result of metal dust he breathed as well as the cigarette smoke.
Johns Manville
After obtaining a lifetime award of Total Permanent Disability Benefits for a worker who suffered asbestos-related lung disease, Dennis Baptista obtained lifetime Dependency Benefits for his widow after he died from this work-related injury.
Cassens Transport
We obtained Total Disability Benefits for a worker who injured his back pulling skids. The client is projected to receive over $1,108,000 during his lifetime.
Monday Morning Inc.
Dennis Baptista obtained an award for lifetime Total Disability Benefits for a worker who sustained a rare adverse reaction to a flu shot that was recommended by her employer – a child care management service.
J.L.W. Pierson Fuel
After protracted delays, we persuaded several employers to pay the equivalent of over $340,000 to the widow of a worker who was alleged to have worked around asbestos.
Home Depot
We obtained disability benefits approximating $65,000 for a woman who injured her shoulder after falling into a ladder while at work.
Child Development
When a worker who injured her leg and back after being struck by an automobile outside her place of employment sought worker’s compensation benefits, We were able to obtain an award of over $72,000.
Frank’s Truck
After a mechanic suffered an injury to his eye, we successfully obtained disability benefits totaling over $171,000.
State of NJ
We obtained disability benefits over $162,000 for a worker who was assaulted at work and suffered an injury to her cervical spine.
New York Times
The New York Times agreed to settle a machinist case as a result of which the petitioner will receive at least nine years of benefits at $742 which is about $332,000 over the nine-year period. His payments will come first from The New York Times and then from the Second Injury Fund/State of New Jersey. This machinist who had previously had extensive injuries to his both shoulders was found to be totally disabled as a result of the new work-related injury and the prior shoulder injuries. After nine years he will continue to receive $742 for life.
