From Denial to Justice: Lifetime PTD Benefits Awarded to Injured Firefighter
Background
The claimant, a career firefighter, slipped and injured his left knee at the station in November 2010. What began as a knee injury turned into years of complications, including:
- Three knee surgeries
- A hip replacement
- Chronic back pain
Despite these setbacks, the Employer/Carrier denied his Permanent Total Disability (PTD) benefits, claiming he was still “capable of sedentary work.”
The Challenge
When we took on the case, the insurer had already disputed:
- His inability to work, despite medical evidence
- His entitlement to PTD benefits, citing voluntary retirement
- His work search effort, calling it insufficient
Meanwhile, the injured firefighter, unable to stand, bend, or sit for long periods, had been rejected from multiple jobs despite months of searching.
Our Strategy
- Treating physician confirmed his limitations—including the need to recline—made him unfit even for desk work
- A vocational expert’s labor market survey found no jobs within a 50-mile radius that matched his restrictions
- His lack of transferable skills, limited computer proficiency, and language barriers were presented
- Work search efforts documented dozens of applications, proving sincerity and persistence
- Exposed flaws in the insurer’s vocational testimony, which relied on hypothetical job titles rather than real openings
The Result
- Permanent Total Disability (PTD) benefits granted from April 9, 2018
- Supplemental benefits awarded
- Penalties and interest for delayed payments
- Attorney’s fees and costs preserved for future hearing
Why It Matters
This case proves that Touby, Chait & Sicking, PL stands firm when injured workers—especially first responders—are denied help. We secured not only financial support but also recognition of permanent limitations.
If your injury has taken away your ability to work, don’t face the system alone. Contact us today at (305) 257-9472 for a free consultation.