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Jury Slaps Lawyer for Workers' Compensation Malpractice

An injured worker whose workers' compensation claim was dismissed due to his lawyer's negligence will recover after all, thanks to an Illinois jury verdict this week ordering the St. Louis lawyer and her firm to pay him $338,000. The worker, Frank Krausz, sued his former attorney, Ann Dalton, and her law firm, Hammond, Shinners, Turcotte, Larrew & Young, in 2007, claiming that he would have received nearly $400,000 in benefits had his lawyer properly handled his case, according to a report in The Madison Record.

Krausz claimed Dalton allowed his case to be dismissed by the Illinois Industrial Commission for lack of prosecution in August 2005, and then she failed to timely file for its reinstatement.

He also claimed Dalton failed to advise him of the adverse action until approximately November 2006, more than a year after his claim was permanently barred.

The two-day jury trial focused only on the extent of Krausz's disability, the newspaper reports. Prior to trial, the court granted Krausz summary judgment on the issue of the lawyer's negligence. Jurors deliberated just over an hour before arriving at the verdict.

Posted by Robert J. Ambrogi on January 22, 2009 at 11:17 AM | Permalink | Comments (1)

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