October, 2004; Metod Nekic v. Orr Plumbing, Inc. $330,000 Total Verdict Consisting of $80,000 Back Pay and $250,000 Future Pay
Noel Sevastianos tried a workers' compensation case. His client, Mr. Metod Nekic, was a 62 year old male who worked his whole life performing heavy labor. Mr. Nekic injured his lower back while digging a ditch at work. He reported the injury to his supervisor and asked for medical treatment. His employer denied his request, and ordered him back to work, arguing that his "injury" was really a pre-existing condition for which he was not entitled to benefits under the workers' compensation laws. As an immigrant with only a 8th grade education and broken English, Mr. Nekic feared the loss of his job, and therefore, tried to return to work several times. After several attempts, however, he simply could not perform his assigned work. With no education or transferable skills, he was left unemployed, in constant pain and in need of medical treatment.
Prior to trial, Sevastianos filed a Motion and won a court order mandating the employer/insurer to render medical care for Mr. Nekic. Because the employer continued to deny liability for the injury, the matter was tried before an administrative law judge. The court declared that Mr. Nekic was permanently and totally disabled as a result of his work related activities, and awarded him back pay for all wages wrongfully withheld from the time of the injury to trial. In addition, the court ordered the employer to pay Mr. Nekic two thirds of his average weekly wage, for each week, for the rest of his life.
Sevastianos said that "this result was the equivalent of a home run over the deepest part of center field, and we were as pleased with the result as we were proud to have obtained justice for such a wonderful client. We were most pleased, however, with our ability to reverse and reject the employer's attempt to take advantage of my client due to his limited formal education and broken English."