Nicholas "Niko" Pothitakis

In 2013 the Pothitakis Law Firm, P.C. assist an injured worker on a Second Injury Fund Claim. The offer of settlement was $500. This offer was turned down and the parties proceeded to hearing. At hearing the injured worker was found to be permanently and totally disabled entitling him to a present value award of approximately $500,000. 

            On March 22, 2011, J.M. was living in a boarding house in Columbus Junction, Iowa.  J.M. paid a weekly rent for a room within the boarding house.  The landlord of the facility collected rent from approximately nine tenants.  The configuration of the boarding house was that there was a kitchen in the front of the building, by the front door.  The rooms were all behind the kitchen, towards the back of the building.  Unfortunately, the only exit and entrance to the space was through the front door, by the kitchen.  Other exits had been locked and closed off. 

            On March 22, 2011, a fire started in the kitchen.  J.M. was in his room at the time.  Because the fire consumed the kitchen area which is where the front door was located, he was unable to exit the building.  For approximately 15 minutes, J.M. made phone calls in an attempt to escape the fire.  Unfortunately, he was unable to escape and suffered fatal injuries from the smoke and fire. 

        In December of 2013, Pothitakis Law Firm assisted by co-counsel commenced trial in Louisa County, Iowa.  Ultimately, the jury agreed that the landlord was negligent and awarded $750,000 ($500,000 in actual damages and $250,000 in punitive damages). 

         

In January of this year, the Pothitakis Law Firm received an Appeal Decision finding in favor of our injured client.  The employee was injured in 2009 while performing work for his employer.  He sustained a left shoulder injury that resulted in a surgical procedure.  After surgery, the Claimant’s treating physician recommended that he return to work full duty without restrictions.  The physician also set forth a 1% impairment. 

 

Although the Claimant was able to return to work and perform his job duties, he did so with significant pain and discomfort.  The employer and insurance carrier took the position that since the Claimant was able to return to work and earn more money than he had prior to the injury, that he was not entitled to an industrial disability award. 

 

The claim proceeded to hearing before the Iowa Workers' Compensation Commissioner.  The Deputy Workers' Compensation Commissioner entered an order awarding the Claimant over 100 weeks of benefits, which with interest amounts to in excess of $65,000.  Not happy with the Decision, the Defendants appealed the matter to the Iowa Workers' Compensation Commissioner. 

 

In January of this year, an Appeal Decision was filed affirming the Deputy’s Decision and Award. 

On December 28, 2016 Pothitakis Law Firm received an excellent award for one of our clients. The case was based upon a claim of hearing loss and tinnitus (ears ringing). The Claimant, W.M. had been employed by a local manufacturing company since 1977. He worked in an environment that was extremely noisy. Although the employer provided hearing protection it was not sufficient to avoid the long term effects of the noise on the Claimant’s ears. In addition to the Claimant’s hearing decreasing over time the Claimant began suffering from ringing in his ears. This ringing affected his ability to concentrate and sleep. The Claimant was told that there was nothing that could be done to stop the ringing and that it was a permanent condition. The ringing is referred to as tinnitus by physicians. In April of 2015 the Claimant decided to retire. At that time the Claimant contacted the Pothitakis Law Firm. Under Iowa law, the date of injury for hearing loss claim is the date of retirement, the date the person has transferred from the excessive noise environment, or the termination date. The date of injury for a tinnitus claim is a different date. That date is based upon when the Claimant realizes that the tinnitus is a serious condition connected to his employment that may have an impact on his future earnings.   The claim was highly contested and the Defendants did not make an offer of settlement before hearing. The parties proceeded to hearing before a Deputy Workers’ Compensation Commissioner on August 29, 2016. The deputies’ decision on December 28, 2016 found in favor of the Claimant, W.M. The judge awarded the claimant a 35% industrial disability (loss of future earning capacity) as a result of his hearing loss and tinnitus. This entitled the Claimant to 175 weeks of benefits or an award of approximately $125,000. Further, the Defendants will be responsible for the Claimant’s hearing aids associated with this occupational hearing loss. Pothitakis Law Firm believes an appeal will be filed by the Defendants. 

Pothitakis Law Firm was contacted by R.P. with respect to an injury that he sustained in early 2015. On that date, R.P. was performing his work for a local steel manufacturing facility. While moving a large piece of steel, the steel part came back towards him. As it came towards him he pushed away from it with both his right and left arms. R.P. felt pain and discomfort in both of his arms as a result of the incident. R.P. immediately reported the matter to his supervisor and to plant personnel. He was driven to the hospital that same day by his employer. The x-rays that were completed at that time did not show any significant damage. Approximately a month after the injury the workers’ compensation insurance carrier denied the claim saying that the explanation of the injury did not fit with the facts of the investigation completed by the employer. At that time, February of 2015 the workers’ compensation insurance carrier and employer denied the claim and informed R.P. that all future medical care would be at his own expense. The workers’ compensation insurance carrier also indicated that they would not be providing any weekly workers’ compensation benefits. This resulted in a significant hardship and financial disaster for R.P.  R.P. contacted the Pothitakis Law Firm for assistance.  At the direction of Pothitakis Law Firm, R.P. sought care on his own through a local orthopedic surgeon. That orthopedic surgeon determined that surgery was necessary with respect to both the right shoulder, right elbow and left shoulder. R.P. was ultimately released with a permanent 10-pound lifting restriction.   In order to prove the case, R.P.’s counsel obtained detailed medical opinions from R.P.’s orthopedic surgeon. The orthopedic surgeon confirmed that they work injury is what resulted in R.P.’s condition and need for surgery on his shoulders.  R.P.’s counsel further obtained the services of a vocational expert so that she could provide opinions about how R.P.’s injury and restrictions would affect his ability to work in the future. This expert for Pothitakis Law Firm concluded that R.P. would not be able to return to most of his past relevant employment positions. Pothitakis Law Firm scheduled and took a number of depositions of co-employees of R.P.. Pothitakis Law Firm was able to establish that the mechanism of the injury as described by R.P. was consistent with the way the steel would move on a hoist.   After reviewing all of the evidence, the deputy agreed with Pothitakis Law Firm that the injury had occurred and that R.P. was left with a significant disability as a result of the injury. The fact that R.P. had two significant shoulder injuries that required surgery resulted in a significant impact on R.P.’s ability to work and earn a living. Given R.P.’s age of 56 years old and his high school education, R.P.’s right and left shoulder injuries and restrictions would significantly limit his ability to find employment. The deputy workers’ compensation commissioner ordered the Defendants to pay weekly workers’ compensation benefits for the year that R.P. was off of work and undergoing medical treatment. The judge ordered the Defendants to pay a 65% industrial disability which entitled the Claimant to over 6 years of benefits into the future.  Further the judge awarded the Defendants to pay all medical expenses.   The award totaled well over $300,000. Prior to hearing the Defendants were so confident in their position that they made no reasonable offer of settlement on the claim. Pothitakis Law Firm is now awaiting to see if the Defendants appeal the decision.