Case Results

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form 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.

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. William Dalzell 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. William Dalzell 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 permanent disability, 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. William Dalzell 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 in 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.

WorkplaceLawyers.com is the website for the workers compensation attorneys firm of Livingston, DiMarzio LLP Our team of attorneys is made up of New Jersey Mesothelioma Lawyers, NJ Workers Comp Lawyers, Employment Lawyers and Certified New Jersey Worker’s Compensation Attorneys.