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Workers’ Compensation Case

Woman’s surgery triggers mysterious neurological disorder. Machelle fights for Workers’ Compensation coverage.

Imagine you’re a well-educated professional, working full-time in an exciting profession related to the field of design and creative arts. One day, you get injured at work, and minor knee surgery is required to repair the injury. This was the situation for our client, whom we’ll call “Marjory.”

Since Marjory’s knee injury occurred on the job, Workers’ Compensation insurance admitted liability and was cooperative throughout the initial process of treating the knee injury. It’s important to note that this surgery was considered minor and routine.

Immediately after surgery, Marjory began experiencing a wide variety of neurological symptoms: painful headaches, a challenging stutter, debilitating tremors, severe balance issues, numbness in her limbs, and foggy thinking. Even simple tasks were difficult, such as walking in a straight line or writing a note.

For years, Marjory sought intensive treatment at nationwide clinics, but her symptoms did not improve. In fact, her condition continued to worsen. Marjory was finally diagnosed with functional neurological disorder (FND). Meanwhile, the Workers’ Compensation insurance carrier argued that her neurological condition was not related to the surgery, and they refused to pay for neurological treatment.

Marjory and her husband brought their case to Machelle Gielarowski. After the initial consultation, they knew Machelle would work tirelessly to represent them. Plus, Workers’ Compensation cases are procedurally challenging, and The Gielarowski Law Firm has a depth of experience in this practice area.

After significant research to understand the medical issue, review all medical records, and talk extensively with neurological and psychiatric experts, Machelle and her team of experts determined:

  • While there was no obvious evidence, the surgery was the inciting factor that caused Marjory’s neurological system to be compromised. The symptoms were not a reaction to anesthesia. Instead, the surgery triggered a change in the chemical composition of her brain.
  • Unfortunately, there are few experts in this field, with few doctors and clinics specializing in treating such severe FND cases.
  • Marjory’s case was particularly challenging due to the severity of her symptoms and the lack of medical insight on this mysterious condition.

Machelle tried the case before a Colorado Springs administrative law judge. Opposing council sought to prove that none of Marjory’s symptoms were related to the surgery, despite the fact that they literally started when she woke up from surgery.

Machelle hired a physician who is both a psychiatrist and neurologist and has gained an extremely high level of expertise treating FND in his distinguished career. The Gielarowski Law Firm won the case for Marjory. Unfortunately, Marjory’s symptoms persist. She can no longer work or pursue her passion in art, which had been a vibrant, fulfilling part of her life.

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