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California Maintains The National Lead In The Highest Known Workers' Compensation Settlement Or Award For An Injured Employee

LOS ANGELES, March 21, 2017 /PRNewswire/ -- Once more, attorney Christopher Asvar has set the record for the highest known workers' compensation settlement or award in the nation.  On Monday afternoon, Judge Roger Tolman of the Los Angeles Board approved a Compromise & Release settlement agreement in the amount of $10,000,000.00 in the case of TBC v. Ernst & Young; The Insurance Co. Of the State of Pennsylvania (AIG).

At approximately 2:30 am on June 5, 2013, the client was on her way home from work and travelling on the Interstate 10 Freeway, when her car veered down a steep embankment and crashed into a tree.  Client sustained severe and life changing injuries, including a traumatic brain injury.   Asvar Law was selected to represent the client in her workers' compensation claim, while The Homampour Law Firm and co-counsel Jin Lew, Esq. were selected to represent the client in her civil third-party case against Caltrans and State of California. 

In October of 2016, the civil counsels reached a tentative settlement for $8 million against Caltrans, with a tentative settlement of AIG's lien for $1.5 million, allowing a net recovery of approximately $3.2 million to the injured worker from the third-party claim.   Asvar Law had previously obtained a Stipulation & Award for 100% permanent disability, but the valuation of the future medical care remained undetermined.   California workers' compensation law holds no provision for "pain and suffering".   Chris Asvar, nevertheless, took the position that based on allegations of employer liability, the $3.2 million should be relegated solely to the civil domain and be only counted toward his client's pain and suffering.  Thereby, Asvar started the negotiations for the valuation of the future medical care from zero. 

In an 11th hour global settlement, just as the civil counsel was set to resume final trial preparations, which meant the rejection of the proposed $8 million civil settlement, AIG and Asvar Law entered into a $10,000,000.00 global structured settlement agreement, independent of the $3.2 million already obtained by the civil counsel. 

In assessing the tenor of this intensely-litigated claim, Asvar stated: "Usually, in these multimillion dollar settlements, there is nothing left but scorched earth.   This litigation was hard fought, but there was a great deal of respect and decency shown by each of the parties, which I largely attribute to the six lead attorneys involved in the case."

Asvar added, "Our team at Asvar Law, especially attorneys Jonathan Perez and Theresia Falter showed exceptional devotion and commitment to securing the best possible outcome for our client, who along with her husband and parents, showed immense courage and faith throughout this process.   Our civil partners, Mr. Homampour and his co-counsel, Mr. Lew, did an admirable job on the 3rd-party civil case and the result is nothing less than impressive for such an extremely difficult liability case." 

With respect to the insurance carrier, Asvar provided rare praise: "Given the increasingly inequitable and toxic environment of today's workers' compensation system, I do appreciate the AIG executives' willingness to understand and recognize the nature and extent of the injuries involved in this claim and approve a settlement that allows the injured individual sufficient means for on-going medical care and a dignified future.  I must also remark on the professionalism of AIG's two defense counsels, Mr. Joe Kieffer and Mr. Mark Susson.  These gentlemen are standard-bearers of their craft."

Asvar Law, PC specializes in catastrophic and brain injury litigation.  This is Chris Asvar's second national record for the work comp industry.  He previously set the record for the largest known settlement or award in 2012, on the case of Enriquez v. Willie's Painting; SCIF for $8.9 million.

Contact: Elise Mayers, 310-442-7700

 

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