Answered step by step
Verified Expert Solution
Question
1 Approved Answer
review the below factual scenario and answer the question in complete sentences. Juan Lopez was a farm worker. While he was operating a small farm
review the below factual scenario and answer the question in complete sentences. Juan Lopez was a farm worker. While he was operating a small farm tractor in a cotton field near Phoenix, Arizona, a rock became lodged in a piece of equipment he was towing. Juan got off the tractor and attempted to dislodge the rock. He was unsuccessful in doing so manually and asked a co-worker to back up the tractor a few inches. The co-worker, who was not familiar with the tractor, pulled forward, causing Juan's right foot to be run over by a tire on the equipment being pulled. Juan was a 65-year-old diabetic who had returned to work only five weeks prior to the accident. He had been out of work for seven months while recovering from a vascular bypass in his right leg, necessitated by his diabetes. The accident occurred at the height of the harvest season when Juan was working 80 to 90 hours per week (at $5.00 per hour). The accident occurred late Sunday evening; on Monday Juan went to a doctor recommended by his employer and was treated for a swollen foot and minor abrasions. On Tuesday the foot became very painful and Juan went to the emergency room. On Friday Juan had the toenail removed from the big toe on his right foot. Four weeks later his big toe was amputated. Two months after that, his right leg was amputated just below the knee. Juan's medical expenses totaled $84,000. His postoperative care, including prosthesis, came to $28,000. The initial physician charged $45 for the office visit and billed Juan's employer's workers' com-pensation carrier. Because Juan did not know what workers' compensation was, or that he had sustained an employment-related injury, his hospital and related expenses were charged to, and paid by, his personal medical insurer. Juan was denied workers' compensation benefits for the loss of his leg. The carrier took the position that it was his diabetes, not the accident, that caused the loss of his leg. Juan's unfortunate experience affords us an opportunity to explore the intricate functioning of the workers' compensation system. If Juan came to your office for advice, what additional factual information would you need to give your supervising attorney in order for her to make a decision regarding representation of Juan
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started