On January 14, 2014, Colleen was working at a supermarket. She was hanging tags along the bread aisle, when someone came quickly down the aisle pushing a cart that forcibly struck Colleen in the back.
As a result of this assault, Colleen sustained a significant back injury including a disc herniation with nerve root injury. Ultimately, Colleen had to undergo surgery, a Laminectomy for a micro discectomy. She suffered many complications and has difficulty walking.
Colleen’s medical bills were over $100,000.00. She was never able to return to work. The employer was self-insured for Workers Compensation.
In February of 2014 the Morris James Personal Injury Group was retained by Colleen, and set up her case to insure she received all of the Workers Compensation Benefits to which she was entitled.
In July of 2015, her employer, the Great Atlantic & Pacific Tea Company, Inc. filed Chapter 11 Bankruptcy. There were over 50 outstanding active Workers’ Compensation claims on file. Colleen feared she would receive no benefits as a result of the bankruptcy.
On behalf of Colleen, the required claims forms were filed with the N.Y. Bankruptcy Court and the Industrial Accident Board, not knowing if Colleen would have any recovery, or if any attorney fee would be paid.
A number of years later, a bond fund was provided in a limited amount and a Trust Account was established with the Industrial Accident Board to pay claims of A & P injured workers. There was not sufficient funds to pay all claims.
However, we are happy to report we were able to get Colleen payment from the self- insured carrier and the Bond Fund for her permanency, disfigurement, medical expenses and partial disability benefits. Colleen’s final benefit was paid to her from the Bond Fund in 2019, five years after we originally met with Colleen.
Patience and tenacity resulted in some level of justice for Colleen. While she was not made whole, we are happy Colleen was able to collect some of the benefits she was entitled to, in spite of the Bankruptcy.