Arnold & Placek, P.C. obtained a unanimous jury verdict for Texas Mutual Insurance Company, overturning the Division of Workers’ Compensation’s award of Lifetime Income Benefits to Javier Esparza. Mr. Esparza, who was one of two survivors of a 10 fatality auto accident, suffered the amputation of one leg and an injury to his right arm. The DWC found that Esparza had total loss of use of the right arm, and awarded lifetime income benefits – an estimated future expense of over $1,000,000. Based on the medical evidence and surveillance video, Arnold & Placek was able to establish that, in fact, Esparza had sufficient use of his right arm that he could get and keep employment requiring the use of the arm. Scott Placek and Kyle Jones represented Texas Mutual at trial. Javier Esparza was represented by Randell Johnson. Judge Eric Moyé presided over the trial.
