Jim Moss obtained a trial win in a workers compensation case. Plaintiff claimed that he was permanently and totally disabled in relation to a fall on a construction job site resulting in a back injury. As a highly compensated supervisor, the exposure for a permanent and total award to the client was substantial. Over the two-day trial, evidence was submitted to include that the plaintiff was able to return to gainful employment within the restrictions from the authorized treating physician. The Court ruled that plaintiff was limited to recovery of the 10% impairment rating as determined by the treating physician and that plaintiff was not totally and permanently disabled given his extensive experience and transferable skills to seek other gainful employment.
