The client was bitten on the right elbow by a “pocket pit bull” brought by a customer into the bank where she worked. The customer dropped her dog’s leash while she was at the counter. When the client bent down to clean up water the dog had spilled from a bowl, the dog lunged forward and bit her on the right elbow.

The bank’s surveillance footage depicted a minor bite, and photographs revealed only a light break of her skin. Nonetheless, the client experienced an extreme response to the bite, eventually being diagnosed with CRPS in her right arm. She was eventually implanted with a spinal cord stimulator (SCS). The client experienced multiple other health issues, including two auto immune disorders, Lupus and Sjogren’s Syndrome, and ulnar neuropathy in her left arm which she attributed to the bite on her right arm.

Although the client was experiencing obvious emotional distress, a psychological exam performed as part of the SCS surgery found no significant issues. The client, however, informed her physicians that she had PTSD. Dr. Tuwiner’s IME in the workers’ compensation case agreed with the CRPS diagnosis but diagnosed the client with long-standing, untreated psychological disorders with significant functional overlay. Because the client’s bank accommodated her work restrictions, her lost wage claim was based on reduced earnings.

The dog owner’s lack of cooperation required a prolonged investigation before discovery of a homeowner’s policy with $500,000 limits. On liability, the owner claimed her dog was docile, but her sister advised an investigator the dog had prior incidents of aggressive behavior. Defense counsel conducted written discovery and issued subpoenas before requesting the client participate in the carrier’s Settlement Day by Zoom. When her request for a discount was rejected, the adjuster offered policy limits shortly thereafter. The workers’ comp. carrier waived its subrogation lien ($115,658.14) and paid an additional lump sum of $75,000.

The client was diagnosed with cancer shortly after the Settlement Day conference and began treatment as the workers’ comp. settlement was negotiated by attorney Craig Davis.