Levinson Axelrod, P.A. Partner Rich Marcolus recently secured a six-figure settlement for the widow of a chemical factory worker who passed away from bladder cancer.
As indicated in court records, Rich represented an 84-year-old widow in a dependency case out of our Belford office following the death of her late husband, who had worked for many years at a chemical factory. In the claim, it was alleged that her husband’s bladder cancer diagnosis and subsequent death were caused by his employment.
Rich encountered several challenges in litigating the case, including resistance from the insurance company, which denied that the husbands’ bladder cancer was work related. To overcome the insurer’s position, Rich retained an expert who opined that some of the chemicals the husband was exposed to in the court of his employment at the chemical factory were known carcinogens that contributed to the development of his bladder cancer.
Ultimately, Rich was able to leverage the expert witness’ testimony to successfully negotiate an out-of-court settlement totaling $175,000.
While this result will not alleviate the grief experienced by our client as the result of losing her beloved husband, it does provide some semblance of justice. It also serves to highlight just how important the testimony of expert witnesses can be when it comes to proving causation in complex personal injury and workers’ compensation cases.
Rich Marcolus is a Levinson Axelrod, P.A. Partner and Shareholder with a legacy of advocating for workers and their families. A New Jersey Supreme Court Certified Workers’ Compensation Specialist and current union member (NRCC Carpenters Local #253 Union) who once earned his living as a carpenter in construction, he has leveraged his experience and insight to help clients secure millions of dollars in compensation and needed benefits.
Rich is also an active backer of legislation that protects workers’ rights and has appeared before the New Jersey Legislature on numerous occasions to voice his support. Most recently, he appeared before the NJ Senate Labor Committee to testify in support of the 21st Century Workers Access to Justice Act, which he helped draft.