Labor & Employment Case Experience

Workers' Compensation and Wrongful Discharge

A major uniform company was accused in Federal Court of wrongfully discharging an employee after a medical leave stemming from a workplace injury. The plaintiff was on medical leave for approximately a year after being injured on the job, and was allegedly denied reemployment upon being cleared by doctors to work. Dr. Noel was retained by the company to calculate potential damages in the event that the finder of fact concluded that the plaintiff was wrongfully discharged. Dr. Noel was also asked to review the damages calculations provided by the expert for the plaintiff, and to correct any errors he might find therein.

Dr. Noel uncovered numerous errors in the opposing experts' report, including various mathematical errors and failures to correctly calculate unemployment duration expectancy, work-life expectancy, catch-up periods, and mitigating earnings and benefits. Some errors overstated damages, others understated them, but overall Dr. Noel found that the opposing expert report substantially overstated them. In response to Dr. Noel's report, the opposing expert amended his own report and revised his damages estimates downward. The case was settled shortly thereafter at favorable terms to the defendant.

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