Our client is a resident of Mexico, who was recruited for seasonal work at a Virginia farm for the third consecutive year.  His brother was operating a hydraulic lift on a tobacco baler, with our client standing atop the machine.  The brother was aware of the claimant’s position but did not see the accident. Ultimately, our client has no recollection of how he became trapped in the mechanism, nor were there any witnesses who saw the accident. He was trapped between the baler’s hydraulic lift and the top bar, with the pressure crushing his back.

The injury resulted in T11 paraplegia, alongside rib fractures, with neurogenic bladder and bowel dysfunction. The insurance carrier paid for the initial hospitalization, but denied the claim just days after the claimant’s discharge, alleging willful misconduct and an unexplained accident. The defendants alleged that our client was forbidden from being atop the hydraulic platform while being operated. Both the former owner and the claimant’s supervisor testified in depositions that this behavior was strictly prohibited.

Given the seasonal nature of the work, there were no witnesses in the country available to support the claimant’s argument that standing on the machine was permitted. Once the claim was denied, our client returned home to Mexico where his family resides. Despite the lack of supporting witnesses and the claimant being unable to return to the United States, Stephen Harper was able to get the carrier to pay $800,000 in a lump sum to settle the denied claim.