July 20, 2020 Toms River Man Receives $279,240.00 to Settle Work Related Injuries

A Toms River man, Genaro Cantalupo, agreed to accept 65% of a partial total, amounting to $279,240.00 to settle his reopened worker’s compensation claim against Thomas’ English Muffins for injuries sustained as a result of an accident in the summer.

At the time of the initial injury, he was 38 years old. Mr. Cantalupo injured his back while loading his truck. He was taken to Kimball Medical Center, was treated, and sent home with pain medication and anti-inflammatory medication. Ultimately an MRI was performed which revealed degenerative changes in L3-4, L4-5, and L5-S1, and a central disc extrusion at L5-S1. He tried conservative care, which included physical therapy and epidural injections. 

After conservative treatment failed, Mr. Cantalupo was taken to the operating room and had posterior lateral interbody fusion at L5-S1 with segmental spinal instrumentation and intervertebral prosthesis bone graft. Post operatively, he was able to return to work. His case was settled for 33.3% partial total, amounting to $77,200.00. 

Mr. Cantalupo contacted Maggs & McDermott, LLC, advising that he was having increased pain in his lower back. A Review and Modification of Award was filed and treatment began. He went back to Seaview Orthopedic Associates and tried conservative treatment. This treatment consisted of epidural injection. Unfortunately, this injection did not work. He was then indicated for operative intervention and inferolateral posterior lumbar interbody fusion L4-5 was performed. Again, he followed with a physical and ultimately returned to work. 

At the time of the hearing, the court concluded that Mr. Cantalupo’s injury was now valued at 65% with a 33.3% reopener credit for the initial Order Approving Settlement. 

*Results may vary depending on particular facts and legal circumstances