Case Results

Case Results


The results obtained in each case depend on a variety of factors that are unique to each case. Every case is different and these results, while accurate, do not guarantee a similar result in your case and cannot be used to predict the results of your case.

Workers' Compensation

Gary Levine has a proven record of success built on over thirty years of experience in protecting the rights of injured workers. Through hard work and skillful representation, Gary Levine has been successful in securing the full array of benefits for his clients. This includes maximum weekly compensation, medical treatment, vocational rehabilitation, settlement of claims, and total disability benefits under the Odd Lot statute.

The following list of results that Gary Levine has achieved for clients is a sampling of cases in which he has successfully obtained an Order from the Workers’ Compensation Court granting benefits and is included to help you understand the broad array of benefits provided by the workers’ compensation system:

Any injury, illness or disease that arises out of and in the course of employment is covered for workers’ compensation. A covered injury can be one that was caused by a specific incident. It can also be one that developed over time.

Gary Levine represents injured workers who have suffered all types of work-related injuries and diseases. These include traumatic injuries, occupational diseases, repetitive use injuries and aggravations of non-work related conditions.

This list of achievements is a sampling of cases in which Gary Levine has successfully obtained an Order from the Workers’ Compensation Court granting benefits for clients and illustrates the variety of injuries that can be covered by workers’ compensation:

  • Allergic reaction to unidentifiable airborne substance in the workplace.
  • Post-traumatic stress disorder caused by witnessing violent crime at work.
  • Aggravation of pre-existing arthritis in right thumb due to overuse of thumb as a result of initial work related injury to left thumb which was no longer disabling.
  • Thoracic disc herniation where symptoms did not develop until three months after fall at work.
  • Post-polio syndrome that developed as a result of the effects of work injury that was no longer disabling.
  • Aggravation of pre-existing arthritis in foot caused by repetitive use of foot.
  • Arthritis caused by repetitive use of arm in strenuous work activity.
  • Injury to hip caused by fall when work related knee injury caused knee to buckle.
  • Lung disease caused by inhalation of fumes in workplace over long period of time.
  • Heart attack caused when doing heavy work in heat caused aggravation to pre-existing heart disease.
  • Lyme Disease caused by tick bite that occurred while client was doing outdoor work related to employment.
  • Carpal tunnel syndrome due to repetitive use of hands.
  • Organic mood disorder due to work related injury to head.
  • Detached retina caused by being struck in the head at work where symptoms were not noticed until several months after injury.

An injured worker is entitled to any medical treatment that is necessary to cure, rehabilitate or relieve him/her from the effects of the work related injury. It sometimes becomes necessary to obtain a court order for medical treatment when the insurance company denies treatment.

This list of achievements is a sampling of cases in which Gary Levine has successfully obtained an Order from the Workers’ Compensation Court authorizing specific medical treatment for clients:

  • Surgery for total knee replacement that was necessary because of pre-existing arthritis in the knee upon proof that the arthritis was aggravated by work injury.
  • Counseling due to emotional difficulties related to effects of work injury on family and lifestyle.
  • Surgery to hand nearly ten years after client had last seen doctor for injury.
  • Surgery for pre-existing cervical disc disease upon proof that it was aggravated by fall at work.
  • Treatment for back problems upon proof that back pain was caused by effect of knee injury on posture and gait.
  • Spinal cord stimulator implant to relieve back pain.
  • Health club membership to attend pool therapy.
  • Surgery for bilateral carpal tunnel syndrome upon proof that it was caused by use of crutches following surgery for work related back injury.
  • Extensive renovations to home of paralyzed client to accommodate use of wheelchair.

An injured worker is entitled to vocational rehabilitation for a permanently disabling injury. Vocational rehabilitation can include a wide range of assistance from resume development and job placement assistance to on-the-job training and schooling. The cost of vocational rehabilitation is paid by the insurance company in addition to continuing weekly benefits.

This list of achievements is a sampling of cases in which Gary Levine has successfully obtained vocational rehabilitation for clients:

  • Obtained court order for client to receive training at a tractor trailer driving school and for job placement assistance upon completion of program.
  • Obtained court order for client to attend New England Tech to obtain an Associates Degree in Computer Information Systems.
  • Obtained approval of a rehabilitation plan for client to be trained as a Computer Technician.
  • Obtained approval of rehabilitation plan for client to receive formal training to become a building inspector.
  • Obtained rehabilitation services for client including computer training and resume development that led to new career in sales.

The Odd Lot statute states that an injured worker with a partially disabling injury can receive benefits for total disability if he/she is unemployable in any kind of job due to the work injury combined with his/her age, education, background, training and abilities.

This list of achievements is a sampling of cases in which Gary Levine has successfully obtained an Order from the Workers’ Compensation Court granting total disability benefits for clients under the Odd Lot statute:

  • Client’s work injury to his shoulder limited him to lifting no more than 25 pounds and no repetitive work with his dominant arm. Client was 59 years old with a 6th grade education and an unskilled work history.
  • Client’s work injury was bilateral carpal tunnel syndrome that limited her to lifting no more than 20 pounds and no repetitive work. Client was 60 years old with a high school education and an unskilled work history.
  • Client’s work injury was bilateral carpal tunnel syndrome that limited her to lifting no more than 20 pounds and no repetitive work. Client was 56 years old with an 8th grade education from a foreign country, some difficulty communicating in English and an unskilled work history.
  • Client’s work injury was to both wrists that limited her to lifting no more than 10 pounds and no repetitive work. Client was 58 years old with a 7th grade education from a foreign country. She could speak and understand English with some difficulty and had greater difficulty reading and writing English. She had an unskilled work history.

Third Party Personal Injury Claims

Third party personal injury claims pay compensation for lost wages, medical expenses, and pain and suffering. These claims are permitted in addition to workers’ compensation claims for work related injuries. 

The following list of results that Gary Levine has achieved for clients is a sampling of cases in which he has obtained additional compensation for clients in third party negligence claims arising out of work related injuries. Click on each case to read a more detailed summary of the facts and result achieved in each case:

Injury: Crush injury to foot

Award/Settlement: $875,000

Case Summary:  Client’s employer received a delivery of material on a flatbed truck. Client was unloading the material when it fell off the truck and landed on his foot. Workers’ compensation benefits were paid. In addition to the payment of workers’ compensation benefits, a negligence claim was successfully made against the company that loaded the material onto the truck for loading the truck in a way that made it unsafe for unloading. The claim resulted in the above award/settlement.

Injury: Multiple fractures, abdominal and head injury

Award/Settlement: $650,000

Case Summary: Client was employed by a sub-contractor who had a contract with a general contractor to perform work on the exterior of a building. Client was working without fall protection equipment when he fell from the third floor ledge of the building. Workers’ compensation benefits were paid. A negligence claim was successfully made against the general contractor for failing to ensure that fall protection equipment was provided to the client. The claim resulted in the above award/settlement in addition to the payment of workers’ compensation benefits.

Injury: Herniated disc

Award/Settlement: $540,000

Case Summary: Client was involved in an automobile accident. Workers’ compensation benefits were paid. A negligence claim was filed against the owner of the car that hit client.

The owner of the car did not carry sufficient insurance to fully compensate client for his injuries. Therefore, claims for underinsured motorist coverage benefits were filed under client’s automobile insurance policy and under his employer’s automobile insurance policy. In addition to the payment of workers’ compensation benefits, a negligence claim was successfully made against the client’s and his employer’s auto insurer which resulted in the above award/settlement.

Injury: Carbon monoxide poisoning

Award/Settlement: $300,000

Case Summary: Client was employed by a sub-contractor that had a contract with a general contractor to perform work on the interior of a building. Client was working in an enclosed area in the vicinity of gasoline powered equipment that was provided by his employer. Client was injured through inhalation of carbon monoxide fumes from the equipment. Workers’ compensation benefits were paid. A negligence claim was successfully made against the general contractor for its failure to ensure that a safe work environment was provided to the client by the sub-contractor. The negligence claim resulted in the above award/settlement in addition to the payment of workers’ compensation benefits.

Injury: Corneal laceration and post-traumatic cataract

Award/Settlement: $200,000

Case Summary: Client was injured in a hit and run auto accident while he was traveling from his home to a repair shop to pick up a company vehicle. Workers’ compensation benefits were paid.

A claim for uninsured motorist coverage benefits was made against the automobile insurance companies that provided coverage to client, client’s employer and client’s child who resided with client. This was not technically a third party claim because the claim was not against the person who caused the accident. The claim was against insurance policies under which client was insured, including the insurance policy of his employer. The claims resulted in the above award/settlement in addition to the payment of workers’ compensation benefits.

Injury: Neck and rotator cuff tear

Award/Settlement: $87,000

Case Summary: Client slipped and fell on ice outside of the building where he was employed. His employer was the only occupant of the building. The building was owned by a company that was separate from his employer. Workers’ compensation benefits were paid. In addition to the payment of workers’ compensation benefits, a negligence claim was made against the owner of the building for failing to keep the area outside of the building free of snow and ice. The negligence claim resulted in the above award/settlement.

Injury: Carpal tunnel syndrome

Award/Settlement: $54,000

Case Summary: Client tripped and fell while exiting the elevator in a building owned by the employer. Workers’ compensation benefits were paid.

Client tripped when the elevator door did not open level with the floor. A negligence claim was successfully made against the company that was responsible for maintenance of the elevator. The claim resulted in the above award/settlement in addition to the payment of workers’ compensation benefits.

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