Firm Partners Win $390,000 Workers Compensation Suit for Injured Worker, Judges Issues More Than $300,000 in Sanctions

More than $300,000 in sanctions were awarded to a plaintiff represented by firm partners Brianne Thomas, Jason Iezzi and Josh Sanders who was injured on the job at a metals company.

Plaintiff Kathleen Hicks sued Commercial Metals Company alleging she suffered brain, neck and shoulder injuries in early 2018 while working on a metals machine. Hicks was terminated due to what the company characterized as a lack of communication despite having a nurse case manager reporting Hicks’ treatment, diagnosis and work restrictions to the employer.

Brianne argued that their client had been fired for exercising her workers compensation rights.

The jurors found in favor of Hicks and awarded her $300,000 with an additional $90,000 in back pay.

The company (defense) filed a motion for a new trial and included witness statements alleging Brianne Thomas’ father spoke to two members of the jury. After surveillance video evidence proved the allegation false, and the witnesses claimed they “misremembered” the event, Judge Ryan W. Horsman wrote, “Given the outrageous conduct of the Defendants in this matter, this Court finds by clear and convincing evidence that Defendants acted in bad faith and committed a fraud on the Court.”

Brianne Thomas filed a motion for sanctions which the judge granted in the amount of $312,450 against both defendants in addition to the original workers comp verdict.