Notable Cases And Trial Awards By Walz Law Offices
James Walz represented a 30- year-old electrician from Texas working in Nebraska who suffered injuries to his non-dominant hand when a light fixture shattered and cut his wrist, damaging tendons and nerves. Client developed Complex Regional Pain Syndrome in another part of his body. The client was sent by Walz law offices to a specialist that gave his expert opinion on permanent restriction which rendered the client 100 percent disabled. Defendant paid the present value of the settlement $550,000.
James Walz negotiated a $335,000 settlement for a woman who suffered injury to both her thumbs, and as a result was deemed to be permanently disabled under the Odd-Lot Doctrine.
James Walz negotiated a lump sum settlement of $115,000 after medical treatments and temporary disability while healing for a shoulder injury, low back injury, broken pelvis with genital mutilation. Defendant employer offered $10,000 and refused certain treatments until injured worker hired Walz Law Offices.
James Walz negotiated a settlement of $87,000 for an injured sandwich maker who aggravated a pre-existing knee condition. This worker agreed to the settlement after her medical care was complete and after receiving temporary benefits during the healing period.
James Walz represented a female Spanish speaker who was injured at a fresh food processing plant when she tore her rotator cuff and injured her low back. James provided her with multiple hearings to force the payment of her temporary benefits, get authorization of the shoulder surgery and then a separate minitrial on the necessity of her back surgery which she was awarded, and finally a trial which awarded the injured worker with lifetime total disability valued at $575,000
James Walz represented a Spanish-speaking husband and wife who were both injured at about the same time with the same employer. The wife was injured when she was struck by a falling box and she suffered injury to her head, neck and shoulder. After treatments and temporary disability, she agreed to accept $157,000. Then six months later a trial was had for her husband who suffered a lower leg and foot injury. The Trial Court determined he was permanently and totally disabled and entitled to lifetime benefits valued at $587,000 and future medicals. The defendant appealed to the Supreme Court which affirmed the Award.
James Walz represented a Spanish-speaking injured worker who fell from a roof and injured his spine. The case proceeded to trial and the Court awarded the injured worker permanent disability and future medicals. The Texas defendant appealed to the Nebraska Supreme court which affirmed the finding of liability and award. Walz Law office was awarded $10,00 in attorney fees by the trial court and then commenced collection actions against the Texas Corporation, who eventually agreed to pay a Lump sum settlement of $242,000. Walz Law Offices was instrumental in getting the funds to the injured worker now residing in Honduras.
James Walz negotiated a $300,000 settlement with a $134,000 Medicare set aside for an injured handyman, who was deemed permanently and totally disabled as a result of his injuries. Walz Law office was the fourth attorney representing this client after the three previous law firms withdrew from representation.
James Walz represented a Spanish-speaking concrete laborer received $37,000 after his medical treatment was paid and he received temporary benefits while treating with a shoulder injury.
James Walz represented a Spanish-speaking meat packing laborer retained Walz Law Office after he fired his attorney who had urged him to accept a $20,000 settlement in mediation. A trial was had which determined the worker was entitled to $47,000 in back benefits and attorney fees. Later the case was settled with a lump sum settlement for $167,000 and a $48,000 Medicare set-aside account for his future medical expenses.
Walz Law Office negotiated $40,000 settlement for a daycare worker who permanently aggravated a pre-existing low back condition when a child pulled a chair from under her.
Walz Law offices negotiated a $29,000 settlement after all medical bills and temporary disability for a Spanish laborer after a shoulder injury.
James Walz was represented Spanish-speaking Industrial laborer who fell in a lift bucket and injured his knee. After the defendant paid for a total knee replacement and over 38,000 in temporary disability payment the worker accepted an $80,000 lump sum payment and returned to work.
James Walz represented a Spanish-speaking mover who suffered a crushed great toe with amputation after the employers disputed whom he was employed. After determining he was a shared employee the defendants paid $68,750.
James Walz co-counseled a medical negligence case for a patient who received an erroneous pathology diagnosis, which led to incorrect treatment and ultimately her death. The case settled for confidential amount to compensate the widowed husband and two young children.
James Walz negotiated a lump sum settlement for an injured compressed gas truck driver. After the injured worker received all medical treatments and temporary benefits he agreed to a $147,000 settlement for his neck, shoulder and upper back injury upon completion of a two-year vocational rehabilitation.
James Walz represented a Spanish-speaking highway construction worker injured when he fell from a bridge shattering his knee cap. Defendant paid all medicals, and temporary disability, until a trial. At trial the Court awarded 7 years of Vocational rehabilitation where the injured worker was to receive an associate’s degree. Defendant paid over $2,200 per month while he was in school and eventually negotiated a lump sum settlement for $102,000 at the completion.
James Walz co-counseled a nursing home negligence matter when the injured person suffered a traumatic brain injury. The confidential settlement was the largest settlement the defendant had ever paid.
James Walz represented a person injured in a sideswipe automobile/ truck accident who suffered a torn rotator cuff. Defendant paid $90,000
James Walz represented a man injured on vacation in a medical negligence action involving the treatment he received for a foot puncture. Plaintiff suffered an infection and sepsis. Defendant hospital corporation paid $127,000.
James Walz settled a Native American who was injured working for a construction company contracted with the Tribe. Contractor was uninsured, case proceeded to trial and defendant agreed to pay $58,000 but failed to do so in the 30 days after the Release of Liability was filed. Court awarded Penalties and the total settlement was $87,000.
James Walz represented injured tent and awning laborer who suffered a permanent worsening of a pre-existing low back condition. The plaintiff received temporary benefits until he took a job that could accommodate his restrictions and then settled for $82,500 without surgery based on his loss of earnings capacity.
James Walz represented an injured manger who slipped on ice, suffered a mild brain bleed, but the resulting complication caused his brain to deteriorate until his death. A stipulated trial resulted in an award of permanent total disability and future medical care. After his death James negotiated a lump sum settlement for survivor benefits for the widow and their adopted child’s education benefits.
James Walz represented an injured diesel mechanic in two successive low back injuries and permanent worsening of his original injury. The parties agreed to a lump settlement totally over $75,000 after successful treatments and disability payment were paid while he healed.
James Walz represented a Spanish-speaking drywaller who suffered a shoulder injury. Defendant attempted to have injured worker removed from USA, however he was working legally, and defendant paid a lump sum of $85,000 to settle all claims against it.
James Walz represented a female injured fast food worker that subsequently was imprisoned in a federal facility after suffering a shoulder injury surgery. While she was imprisoned Walz Law Office was able to get her examined by doctors and negotiated a lump sum settlement after a loss of earnings calculation was performed.
James Walz represented a food service worker who suffered an Achilles tendon injury. Subsequently while she was healing the injured worker began to have and altered gait which permanently worsened her opposite knee. After surgeries, she settled the case for $5800 in back wages and $125,000. The defendant would not agree to future medical expenses as part of the settlement but stipulated that her future medical expense as a result of the injury would be paid by the insurer. Subsequently after that Walz law office sued the employer for retaliatory termination and received a $50,000 Judgment from the Trial court.
James Walz represented a Spanish-speaking roofing laborer after he fell from the roof and suffered crushed vertebrae and a severe foot injury. Defendant paid over $150,000 in temporary disability payments until client died from unrelated causes.
James Walz represented a gentleman from Togo Africa injured at work in Nebraska. After achieving a necessary back surgery for the injured worker and disability payments he negotiated a $48,000 lump sum settlement for a partial disability. The injured worker returned to work for the same employer.
James Walz represented an injured CNA from a nursing home injury where she suffered a lacerated tendon and nerve damage to her foot when a client struck her with a wheel chair. Defendant paid $65,000 for the partial injury to her foot and $20,000 to settle a discriminatory retaliation clam arising from the injury.
James Walz and Heather Horst represented an injured police officer who alleged retaliatory discrimination in his worker’s case. The parties reached a lump sum global settlement for $90,000 and Heather Horst successfully appealed a denial of Social Security benefits.
Nebraska Supreme Court Cases: James Walz
In re Adoption of Jaden M 272 Neb. 789 (2006) Supreme Court reversed the lower court’s grant of adoption and found the father’s parental rights had been violated. James Walz represented father of the child who resisted the adoption, which had terminated his parental relationship.
Martinez v CMR Roofing and Construction of Texas LLC 302 Neb. 618 (2019) A construction and roofing company was the statutory employer of a man who sustained serious injuries after he fell off a roof, even though he was acting as an employee of a subcontractor, the Supreme Court of Nebraska ruled. CMR appealed the decision, but the Supreme Court of Nebraska affirmed. Although CMR argued that it did not qualify as a statutory employer because it required its subcontractor to obtain workers comp insurance, the court disagreed and noted that the Texas-based comp insurer had never been authorized to issue workers comp coverage in Nebraska — noting that the policy clearly showed that coverage did not extend to states other than Texas. Even if the subcontractor had maintained comp coverage, the court held that CMR would still have been jointly and severally liable for compensating the injured employees under Nebraska law.
Hernandez v JBS Holdings. S-23-835 (2024) Supreme Court affirmed the lower courts finding of permanent disability. An employee sustained injuries to his left leg and his left foot in the same accident. The defense medical examiner opined that the injuries combined for a 2 percent permanent partial impairment rating to the left lower extremity. However, a vocational counselor determined that, given the employee’s history of working in only medium- and heavy-demand jobs, his loss of earning capacity was 100 percent. The court held that 1) the employee’s injuries to the left leg and the left foot were to be considered as two separate members per Espinoza, and 2) the 2 percent impairment rating did not adequately compensate the employee for his injuries. Therefore, the court awarded the employee based on the 100 percent loss of earning capacity, resulting in a finding of permanent total disability.
Appellate Cases: Heather Horst
| BRYSON L. V. DAVID B, 302 Neb. 145, 921 N.W.2d 829 (2019) | ||
| Area: | Paternity | |
| Outcome: | Successfully affirmed trial court ruling regarding paternity of minor child | |
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CLARK V. CLARK, No. A-19-195 (2020) |
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| Area: | Divorce/child support | |
| Outcome: | Successfully affirmed trial court ruling regarding retroactive child support. | |
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ANDERSON V. CLARK, NO. A-19-768 (2020) |
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| Area: | Protection Order | |
| Outcome: | Successfully reversed Domestic Abuse Protection Order against client where evidence showed that no Domestic Abuse had occurred. | |
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PAGE V. ARMSTRONG, NO. A-23-743 (2024) |
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| Area: | Divorce/Property division | |
| Outcome: | Successfully affirmed trial court award of equalization payment made to client. | |