The following are examples of complex cases handled and won by the ENA&S team
Filosi v. Electric Boat Corp., 330 Conn. 231, 2018
Donald Filosi worked at Electric Boat shipyard as a rigger. EB exposed him to asbestos over a number of years, and he developed lung cancer after he retired. A claim was brought under the Longshore and Harbor Workers’ Compensation Act and an Administrative Law Judge found that asbestos exposure while working at Electric Boat Corporation was a substantial contributing factor to both the development of his lung injury and death. A concurrent claim was brought for benefits under the Connecticut Workers’ Compensation Act, but Filosi was denied benefits. The ruling was appealed to the Connecticut Supreme Court, who found that Electric Boat was required to compensate Mr. Filosi and his wife.
Lifetime benefits awarded to the widow of a man who injured his back at work 30 years ago
On April 20, 2019, a Longshore Judge awarded lifetime benefits to a widow, represented by Amity L. Arscott of Embry Neusner Arscott & Shafner, LLC, who argued that the widow’s husband’s work-related back injuries from the 1980’s ultimately led to his death. The man had several operations over the years, including a large fusion that resulted in the deterioration of adjacent discs. One of the discs below the fusion was crushed under pressure, causing partial paralysis that ultimately led to organ failure and death. The defense argued that his paralysis and death were caused by his congenitally narrow spine; however, Attorney Arscott successfully proved a continuous chain of causation from the original work injuries to his death more than 30 years later. This case was won with the assistance of the deceased’s neurosurgeon and the medical records the law firm had collected over the years since his original injury in the 1980’s.
Lifetime benefits awarded to widow; attorney proves husband died from effects of orthopedic injuries
A Longshore Judge awarded lifetime benefits to the widow of a man who died after years of complications and immobility due to ankle injuries he suffered at work decades before. Attorney Carini successfully proved that the deceased’s ankle injuries led to immobility, infections, weight gain, and his unfortunate death 30 years after he was injured on the job.
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