Attorney Lisa Pierobon Mays WINS Workers Compensation Benefits for her Client at Hearing.

Mr. AH worked as a mechanic of heavy-duty equipment, repairing forklifts and excavators for over 4 years.  In doing this job, he used his hands and arms constantly to lift, pull, push, grip, and grasp.  He used heavy tools and handled parts up to 300 lbs.  Often solo on the job, Mr. AH used his upper extremities, repetitively, in awkward positions and spaces.  As the lead technician, he was considered by his employer as the guy who got the job done.

In 2020, Mr. AH started feeling increasing fatigue, pain, numbing, and radiating pain up his arms and down into the tips of his finger.  The pain became unbearable, so he informed his employer of his symptoms.  Mr. AH sought medical treatment.  At first the workers compensation carrier accepted responsibility for AH’s injury occurring at work.  Mr. AH underwent two carpal tunnel surgeries to his hands, but symptoms persisted to his forearms with pain radiating requiring ongoing restrictions and medical treatment.

Fearing higher financial exposure in Mr. AH’s workers compensation claim, the workers compensation insurance carrier sent AH to their Medical Examiner to conduct a Record Review to determine if the injury is work-related.  A Record Review involves reviewing an injured workers medical record, without a personal examination, in order to make a medical determination.  The Medical Examiner determined that the pain symptoms in AH’s forearms were not related to the work activity, and that Mr. AH suffered no disability to his hands despite undergoing carpal tunnel surgeries on both hands.  This Adverse Examiner opined that the forearm pain developed in a degenerative type fashion that was personal to him which could occur even in the absence of significant exposure to high-force torquing and gripping activities.   

Mr. AH sought out and hired Mays Law Office to fight for his denied workers compensation benefits.  In doing so, Attorney Pierobon Mays went to work immediately and got a supporting medical report from AH’s Neurologist who assessed permanent physical restrictions and disability to Mr. AH’s hands and forearms.  Attorney Pierobon Mays filed appeal paperwork with the Department of Workforce Development claiming that Mr. AH suffered a compensable occupational injury to both his hands and arms at the elbows.  Attorney Pierobon Mays also made a claim for Retraining on behalf of AH as his date-of-injury employer terminated him due to the work injury.  With permanent disability and physical restrictions to his hands and forearms, Mr. AH was unable to find comparable paying work and needed to be retrained in order to find comparable paying work.     

As the date approached for the Hearing, Opposing Counsel expressed frustration in her client, the workers compensation insurance carrier, for extending no more than a minimal settlement offer leaving Mr. AH with no choice but to go to hearing.  In pushing Mr. AH to a hearing, Attorney Lisa Pierobon Mays hit her opponent right back.

*Attorney Pierobon Mays refused to allow Mr. AH to attend a requested medical visit with the workers compensation carrier’s Medical Examiner because the deadline period had passed.  This left Opposing Counsel with nothing more than an outdated Record Review Report that lacked a full analysis of all of Mr. AH’s medical treatment records.  This record review was sorely lacking in credibility in contrast to the end-of-healing Report authored by Mr. AH’s Neurologist. 

*Attorney Pierobon Mays also pointed out at hearing that even the workers compensation Medical Examiner agreed, in his albeit old Record Review Report, that the American Medical Association attributes injuries, like those to Mr. AH’s hand and forearms, from the kind of work that AH did for the employer;

*Attorney Pierobon Mays also illuminated multiple medical records that clearly explained Mr. AH’s pain symptoms that the workers compensation carrier missed in his analysis. 

*Lastly, Attorney Lisa Pierobon Mays prepared Mr. AH well for the hearing where she elicited descriptive testimony from Mr. AH as to the intensity of his work exposure over a 3-year period from 2016 to 2020.

All this deflated opposing counsel who asked no more than 10 questions of Mr. AH on cross-examination, who was well-prepared for any hardball questions. 

The Administrative Law Judge ruled in favor of Mr. AH finding that there was no dispute that he had significant exposure to repetitious high-force torquing and gripping activities during the course of his job duties with the employer.  The Judge also found that the opinions of AH’s Neurologist were consistent with AH’s testimony and the medical evidence and credited his opinion on causation.  In finding such, the Judge awarded Mr. AH benefits for permanent partial disability to both hands and elbows/forearms, all his lost time/wage benefits for missing work while on restrictions, and all his medical treatment and medical mileage.  The issue of Retraining will be determined at a future hearing.    

Attorney Lisa Pierobon Mays is very proud of the win that she achieved for her client, AH.  Attorney Pierobon Mays will not force a settlement on her client’s that is not fair, justified, and well-based.  In Mr. AH’s case, Attorney Lisa Pierobon Mays knew the strength of AH’s case and was confident in her abilities to win a favorable result for him at the administrative hearing.  Attorney Lisa Pierobon Mays handles every single one of her workers compensation cases from the beginning paperwork through and to a hearing or settlement.  Her clients are never shuffled to a paralegal to answer their questions.  Consultations are free and calls usually returned the same day.

Mays Law Office has the coveted 5-star Google rating which is based on favorable reviews from actual clients.   A rating like this is hard to achieve and only because the May Law Office attorneys get favorable results for their clients.

I am injured and collecting Wisconsin Workers Compensation Benefits, my Workers Compensation Adjuster says that I do not need an attorney, is this true?

While it is true that many workers compensation programs were originally developed to relieve the injured worker from the cost of hiring an attorney, that only applies in a perfect world where the work injury claim has been fully conceded/accepted and the worker is getting ALL the benefits that he is entitled, without argument, delay, or hassle from the workers compensation insurance carrier.

Sadly, rarely does this “Perfect World” happen when a Wisconsin worker is injured.  The workers compensation insurance carrier always has an eye out looking for an opportunity to deny the claim, lessen its exposure and responsibility.  With that mindset, the insurance company looks for any reason to not pay, delay and ultimately find a reason to deny the claim.  These carriers have many tricks up their sleeves to either never pay or stop benefits.  They may claim that the injury never occurred at work, or that the injury is personal to the worker, and therefore not related to what happened on the job.  Or, they may claim that the worker did not report the injury timely, or that the factual rendition of how the injury occurred is not true.  Sometimes, the carrier just ignores the workers and does not even respond to the report of injury and just hopes that the worker will just go away.  Mays Law Office has seen and heard it all from workers compensation insurance carriers.  When hiring an attorney, the injured worker needs to make sure that they choose an attorney with years of experience representing injured workers and aggressively advocates to ensure that the worker is getting every benefit they are entitled to under the law.

Even if you are not quite ready to hire an attorney, at the very least, make a call to Mays Law Office for a free consultation to discuss with Attorney Lisa Pierobon Mays if you are being treated lawfully by the insurance company and getting every monetary benefit under the law.

During most consultations, Attorney Lisa Pierobon Mays can spot concerning issues, such as advising on benefits not told by the workers compensation insurance carrier.  Such benefits, like reimbursement of .51 cents a mile for mileage for medical treatment, therapy, and pharmacy runs.  Most injured workers are never told that they have to make the request to the claims adjuster for reimbursement of mileage if the claim has been accepted.  Or perhaps, the injured worker is having her privacy violated by the workers compensation nurse who shows up at her medical appointment and insists on going into the examination room and participates in the medical appointment by asking questions of the doctor.  Attorney Pierobon Mays will caution the injured worker that they can deny such access and forbid this intrusion.  Or, when it comes to who to treat with, injured workers do not know that they can choose their own treating doctor.  The workers compensation insurance carrier cannot dictate the workers medical treatment.  In Wisconsin, the injured worker chooses who they will treat with.

Oftentimes, Attorney Lisa Pierobon Mays gets calls from an injured worker because they have been instructed that they have to go see a workers compensation insurance doctor, termed “Independent Medical Examiner” or an “IME.”  Ironically, there is nothing independent about these doctors.  These doctors are hired by the workers compensation insurance companies with a bent toward denying benefits.  These doctors do not offer medical treatment.  They see the injured worker for 15-30 minutes, at a rented facility, ask a few questions, all in the hopes that the worker will say or do something inconsistent to give them a bit of information to use against the worker.  Like, when one injured worker told the doctor that, before the injury, he enjoyed weightlifting.  The alleged Independent Medical Examiner then used this information of weightlifting against the injured worker claiming that the injury was not caused by the lifting of the 100 pound machine which caused the worker to drop to his knees screaming in pain because he herniated a disk in his back.

During your initial consultation and conversation with Attorney Lisa Pierobon Mays, she will spot these troubling issues and guide you accordingly.  Such as how does an injured worker interact and communicate with these IME doctors?  Attorney Pierobon Mays will quickly correct that this doctor appointment should be seen as an “adverse medical doctor, ” not your friend or advocate.  Attorney Pierobon Mays will instruct that every injured work needs to take and keep a silent witness at their side in this adverse appointment.  This is a new change in the law that Attorney Pierobon Mays help initiate in Wisconsin.  Attorney Pierobon Mays will provide the injured worker with other Do’s and Don’ts in preparation for this adverse appointment.   Keep in mind, these doctors have marching orders from the workers compensation carrier to act in their favor, which is generally not in line with the injured worker’s interest of collecting benefits.  So, even if the injured worker is getting benefits now, it is always good to have a familiar voice to call on in the event the insurance carrier wants the worker to see their doctor/IME.  Establishing a relationship with an experienced workers compensation attorney early on will provide confidence.  Confidence that, if an attorney is needed in the future then a trusted relationship with Mays Law Office to advocate and collect has already been established.

If a workers compensation attorney is necessary, under the Wisconsin law, workers’ compensation lawyers can only charge up to 20% of the disputed amount recovered.  This attorney fee is deducted from the injured workers recovered compensation.  With this, the injured worker does not pay until they receive compensation for their injury or illness.

Nothing can compensate pain and suffering following a work injury, however receiving workers compensation benefits under the Wisconsin worker compensation laws is an important step on the way back to recovery.  Lisa Pierobon Mays helps guide injured workers through the Wisconsin workers compensation system, working to ensure that the necessary paperwork is properly filed.  Lisa stays involved in all of her clients’ claims and she never turns her client’s over to a paralegal.  Lisa is involved from the first contact, through doctor appointments, to preparing the claim and client for a potential hearing, often pushing the workers compensation insurance company to make a fair settlement or defend itself at hearing.

Lisa is not intimidated by any employer or insurance carrier.  She has taken on the big box retailers, nationally recognized organizations, and institutions in advocating for her clients.  For more information, call for a free same day consultation at 608-257-0440

Attorney Lisa Pierobon Mays Reflects Back on the Best of 2022

In starting a New Year, Mays Law Office reflects on the last twelve months with great excitement and pride.  In 2022, Attorney Lisa Pierobon Mays recovered more than One Million Dollars ($1,000.000) in workers compensation benefits for the injured Wisconsin worker.

Mays Law Office prides itself on the diverseness of its clients.  Notable recoveries were achieved for:

Client Z.B. recovered $95,000 when she suffered the amputation of 3 toes on the right foot after stepping on a dirty nail protruding from a board at a campsite that she was instructed to clean up.  Causation leading to amputation would seem easy as infection from a dirty nail seems obvious.  However, Client Z.B. had previously suffered a toe amputation on the same foot prior to the dirty nail event because she is diabetic, a personal condition characteristically known for causing amputation.  Mays Law Office claimed that the damage to the right foot prevented Z.B. from ever being able to work in a competitive environment and making the kind of money she made prior to the injury.  The issue in this claim was, did the dirty nail or personal condition of diabetes cause the additional right toe amputations, and if so, to what extent did it affect her wage-earning ability?  The rub in this claim, apart from the diabetic personal condition of previous amputations on the same foot, was that Client Z.B. was highly skilled with an incredible work history.  Her resume included training horses, acting as a criminal profiler, and author of two novels available on Amazon.  To claim that she was incapable of at least sedentary/sit-down work was a tough sell.  Regardless, Mays Law Office achieved a strong settlement amount despite the pitfalls we would have faced had it been litigated it to a judge.

Client O.Z recovered a six-figure settlement in his workers compensation claim against his employer, a national delivery company when he injured his knee while working on the dock operating a pallet jack that maneuvered awkwardly, causing a twinging or stinger pain to his knee.  Previous pain and medical treatment to the same knee were found in his medical records, and the claim was denied as a pre-existing condition.  Despite these obstacles, Client O.Z. recovered the full value of his claim for disability and lost time because Mays Law Office made an additional claim for potential Retraining due to permanent physical restrictions, which prevented him from returning to his employment or anything comparable in pay.  The rub in this claim was that Client O.Z. had no intentions of pursuing an occupational claim for Retraining.  He was in his mid-sixties and wanted to retire rather than return to the workforce.  By asserting the potential for Retraining, Attorney Lisa Pierobon Mays was able to inflate the potential value of the claim so that a settlement could be achieved that would allow a settlement at the value of the claim for disability and lost time.  Client O.Z. avoided a hearing and achieved the same effect as if he went to the hearing and won the full value of his claim.

Client Z.R. sought out Attorney Lisa Pierobon Mays after having difficulty finding counsel interested in his claim.   The rub was that the treating surgeon had left the State of Wisconsin and relocated his practice to another state.   It took Attorney Pierobon Mays more than four months to finally track down the doctor in another state, get him to return her phone calls, and ultimately agree to complete paperwork on Z.R.’s behalf.  Doctors are hesitant to stay involved with patients from former employers as liability, licensing, and access to medical records can be tricky.  Moreover, all communication had to be during off-hours and not related to the surgeon’s current medical employer.  Needless to say, charm mixed with assertiveness needed to be used delicately when working with this surgeon in completing paperwork on behalf of Client Z.B.  Ultimately, a very satisfactory settlement of $85,000 was achieved for Client R.Z.  But…the story does not end there.  The workers’ compensation insurance carrier was not timely in paying Z.B. his settlement monies despite numerous written reminders by Attorney Lisa Pierobon Mays to their legal counsel.  Ultimately, it was feared by the insurance company that their behavior would be seen as unjustified in their failure to timely pay Client Z.B. his settlement monies and lead to another claim – a Bad Faith Penalty Claim and/or Delay in Payment under the Wisconsin Workers Compensation Statutes, Chapter 102.  Due to this late payment of less than 30 days delay, an additional settlement of $15,000 was achieved for Client Z.B.

Client W.K. hurt his right knee while working at a convenience store.  The claim was denied by the workers’ compensation carrier asserting the knee was arthritic before the minor injury at work and, therefore, personal to him and unrelated to the event at work.  The claim was statutorily valued at only $23,000 for disability, lost time, and medical expense BUT Mays Law Office achieved a settlement of $100,000 for Client W.K.  Using smart advocacy, Attorney Lisa Pierobon Mays argued that the knee, while only deemed 10% permanently disabled today, was going to deteriorate in the future requiring a total knee replacement.  This kind of knee replacement procedure could cost the workers’ compensation carrier dearly in the future if Client W.K. won at the hearing.  Fearing such, the insurance carrier offered $100,000 to fully settle the claim.  Client W.Z. was delighted with this settlement because his knee was no longer symptomatic, he had no intentions of undergoing a total knee replacement, and he was employed with full medical benefits if the knee ever caused him any more problems.  Ultimately, he pocketed the value of a big “what-if” feared by the insurance carrier.

These four 2022 successful claims are a sampling of the results that Attorney Lisa Pierobon Mays achieves for her clients.  Attorney Pierobon Mays attributes these results to strong advocacy skills.  She communicates often with her clients.  She listens and truly hears what her clients are telling her.  She acts in their best interest.  She handles every single one of her cases individually and never hands them off to an associate attorney or paralegal.  She is not afraid to take on difficult claims, often those that no other attorney wants.  These 2022 results cannot be denied.  If you are an injured Wisconsin worker, call Mays Law Office today at (608)257-0440 for a free consultation with a workers’ comp lawyer.

If you’ve been injured on the job in Wisconsin, filing for workers’ compensation can provide you with much-needed financial stability during the recovery process. But, this is only the case if your workers’ compensation claim is successful. If you aren’t successful in securing benefits, not only could you lose out on money you deserve, but you could also end up with bills you can’t afford to pay.

With this in mind, is it worth trying to handle your workers’ compensation claim on your own? Or, should you hire a lawyer to represent you?

10 Reasons to Hire a Workers’ Compensation Lawyer in Wisconsin

Simply put, there are lots of reasons to put an experienced workers’ compensation lawyer on your side. If you need to seek workers’ compensation benefits for a job-related injury in Wisconsin, here are 10 of the most-important reasons to hire a lawyer for your claim:

1. You Need to Protect Your Claim for Benefits

If you have a workers’ compensation claim, you need to protect it. If you don’t, you could lose your right to benefits. Among other things, protecting your claim for workers’ compensation benefits means:

• Reporting your injury on time;
• Including all necessary information in your report; and,
• Filing your claim before the deadline expires.

Your lawyer can help you with each of these steps. If you wait too long, or if you don’t include all required information, your claim could be over before it even begins.

2. You Need to Prove Your Eligibility for Benefits

Even if you are clearly eligible for benefits under Wisconsin’s workers’ compensation law, you will still need to prove your eligibility to collect the benefits you deserve. Your lawyer can assist you with gathering all necessary documentation and proving that you qualify based on the facts surrounding your injury and your employment status.

3. You Need to Make Sure You Receive the Full Benefits You Deserve

Unfortunately, you cannot count on your employer’s insurance company to pay the full benefits you deserve. While it should pay full benefits, there is a good chance that it won’t. When you hire a lawyer, your lawyer can accurately calculate your benefits for you—that way, you won’t unknowingly settle for less than you deserve.

4. You Need to Make Sure Your Benefits Don’t End Too Soon

In addition to underpaying your benefits, the insurance company may also try to terminate your benefits prematurely. If this happens, you will need an experienced lawyer in your corner. Your lawyer can prove your continuing eligibility, and your lawyer can take legal action against the insurance company if necessary.

5. You May Be Better Off with a Workers’ Comp Settlement

If your injury prevents you from working, you could be entitled to weeks, months, or years’ worth of disability benefits. In this scenario, it may be in your best interests to negotiate a lump-sum settlement rather than waiting to see if your weekly benefit checks come in the mail. Your lawyer can help you decide whether to seek a settlement; and, if you would be better off with a settlement, your lawyer can negotiate on your behalf.

6. Your Employer (or Its Insurance Company) Might Deny Your Claim

Along with the risk of underpayment and early termination, there is also a risk that your employer (or its insurance company) will deny your claim entirely. If this happens, you will need to figure out why, and you will need to determine your next steps. With an experienced lawyer on your side, there is less chance that you will receive a wrongful denial; and, if you receive a denial, your lawyer can take action to appeal the denial immediately.

7. There Are Many Costly Mistakes You Need to Avoid

When you have a workers’ compensation claim in Wisconsin, there are many costly mistakes you need to avoid. If you make mistakes, this could delay your receipt of benefits—or it could even jeopardize your workers’ compensation claim entirely. When you hire a lawyer, your lawyer will walk you through what not to do while your claim is pending, and your lawyer will handle the most important aspects of your claim for you.

8. You Might Have a Claim Outside of Workers’ Comp

While filing a workers’ compensation claim is one way to recover the costs of a job-related injury in Wisconsin, it may not be the only option you have available. Depending on what happened and who was responsible, you could potentially have a variety of other claims as well. Your lawyer can provide a comprehensive assessment of your legal rights, and your lawyer can pursue all available claims in order to maximize your financial recovery.

9. Hiring a Lawyer Costs Nothing Out-of-Pocket

While many injured workers have concerns about the cost of hiring a workers’ compensation lawyer, the reality is that you can get experienced legal representation at no out-of-pocket cost. This is because workers’ compensation lawyers work on a “contingency fee” basis. When you hire a workers’ compensation lawyer to represent you, you will not pay any legal fees up front—and you will not pay any legal fees at all unless your lawyer helps you secure benefits.  

10. Your Lawyer Can Help Maximize Your Take-Home Compensation

Won’t your lawyer’s contingency fees reduce the amount of your recovery? While the technical answer is “Yes,” the practical answer is “No.” Even though your legal fees will come out of your benefits, a reputable workers’ compensation lawyer will not take your case unless the lawyer believes he or she can help you take home more than you could recover on your own.

Schedule a Free Workers’ Comp Consultation at Mays Law Office in Madison, WI

If you have more questions about hiring a workers’ compensation lawyer in Wisconsin, we encourage you to schedule a free consultation. We will be happy to answer all of your questions and help you make an informed decision about how best to move forward. To schedule an appointment at Mays Law Office in Madison, WI, please call 608-257-0440 or get in touch online today.