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Phillip A. Tatlow in case: Chapman v. Federal Express Custom Passport settled for total of $668,094 after mediation and numerous contested hardship hearings. A worker fell in a basement showroom on hidden fluid that leaked from an automobile that had been stored in the showroom. Injuries included Neck, Shoulder, Wrist and Knee.

Phillip A. Tatlow
Phil, Phillip, Phillip A. Tatlow, ERISA, Long-term disability, disability, wrongful death, Union attorney

Phillip Tatlow settled, in late 2017, a case for his client, Belinda Chapman, who had worked as an administrative assistant for Federal Express Custom Passport, Inc. on Progress Parkway. The total settlement was for $668,094 which included past medical paid expenses of $186,358.00, Temporary Total Disability Payments of $56,877.00, a Permanent Disability payment of $250,000 and future medical payments broken down into an initial lump sum of $46,129.00 and future yearly payments of  $6,130 for 21 years with a total amount of $128,730. Ms. Chapman had taken a break at work on the date of injury and walked to the basement of the building.  As she walked across the concrete floor she slipped and fell in an unknown fluid that was believed to have been leaked from an antique automobile that was stored there before being moved to a new location. The fluid was hard to see and Ms. Chapman described it as slightly green in color but enough to make her feet go out from under her, and dampen her pants and the sleeve of her blouse.  Ms. Chapman fell backwards onto her outstretched arm, injuring her right arm, right wrist, right knee and neck. She alleged to have hit her head after falling backwards, resulting in a cervical disc injury and a torn right rotator cuff injury, a contusion of her right knee and a right wrist fracture. After the injury she attempted to return to work after her surgeries and therapies and had great pain and difficulty concentrating due to heavy pain medications. She alleges that the employer retaliated against her and created an unpleasant work environment resulting in depression and anxiety. She eventually quit because she could not do the work and could not tolerate the employer retaliating against her. After this she applied for Social Security and was granted benefits. The employer disputed all of her claims and hired three experts to try and defeat her claim. After many years of contested hearings, hardship motions for medical care and TTD and treatment, and depositions of many experts on both sides the case reached mediation. The employer settled and paid Ms. Chapman's bills, and agreed to pay the future costs of all of her necessary medical care and a lump sum for her disability. The total amount paid was $493,235 for past amounts and the future amounts to be paid are $174,859. Despite Defendants trying to blame Ms. Chapman's problems on obseity, pre-existing conditions, lack of compliance with medical care and refusing treatment when offered, the mediator/ALJ saw the case in her favor and the employer and insurer favorably resolved the case. 

Written by: Phillip A. Tatlow

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