In an interesting tort case out of the Louisiana Fourth Circuit Court of Appeals, a worker was entitled on appeal to additional awards from his employer based on both his pain and suffering and the amount of his medical bills. Twenty-nine year old Enrique Madrid had suffered a 14 foot fall to dry dock after a water tank exploded on his vessel, shocking him and causing the fall. The case, Madrid v. AEP River Operations, began in the 25th judicial district where AEP (now called Eagle Control Systems) was found to be 100% at fault for the accident. Madrid was awarded $100,000 for pain suffering, plus $41,553 for lost wages and $27,159.25 for medical expenses. The appeal was based upon what Madrid considered to be an inadequate award given the high cost of his medical care, in addition to his doctors’ testimony that he will experience 4% total body impairment for the rest of his life. The court decided to add an additional $37,940.75 from AEP/Eagle to cover the remainder of Madrid’s medical bills and decided on precedent to increase his total award to $325,000.
Read the decision here.
Read the overview from WorkCompCentral (paid content) here.