Attorney Lisa Pierobon Mays is dedicated to fighting for injured workers, ensuring they receive the compensation they deserve. Recently, she successfully represented Rosa, a hardworking immigrant mother from Mexico, in a contested Administrative Law Hearing, securing the workers’ compensation benefits the insurance company tried to deny.
Rosa’s Story: A Journey of Hard Work and Sacrifice
Rosa immigrated to the United States in 2015, determined to build a better future for her three daughters. With limited options, she turned to housekeeping—the only industry she knew well. She found steady work at a large apartment complex, where she remained employed for nine years. Rosa built a reputation as a reliable, hardworking employee, known for her strong work ethic, good attendance, and ability to handle physically demanding tasks without restrictions.
Her job as the main housekeeper required continuous movement, lifting, bending, and carrying heavy loads. She rarely took breaks and was only seated during her designated lunch period. Outside of work, Rosa led an active, fulfilling life—biking, fishing, snow playing, and playing basketball with her daughters. She also took daily walks with her 70-pound Husky to the park.
Rosa was in excellent health, with no history of back pain or prior injuries. She never smoked, drank, or used drugs. But on Monday, October 4, 2021, everything changed.
The Workplace Injury That Changed Everything
On that Monday, Rosa was performing a routine task—emptying an outdoor dog waste bin that was about three to four feet tall and securely attached to a pole. As she attempted to remove the plastic bag, she realized it was stuck on a screw inside the bin. Using both arms, she applied force to dislodge it. Suddenly, the bag released, and the unexpected momentum sent Rosa falling backward onto the hard asphalt surface.
The impact was brutal. A sharp, stabbing pain shot through her lower back and into her left leg. She lay on the ground, unable to move, her body overcome with pain. As tears streamed down her face, two concerned residents rushed to her aid, bringing a chair for support while they called an ambulance.
At the hospital, Rosa was diagnosed with a serious lower back injury, and doctors immediately restricted her from returning to work. She was placed on a treatment plan, but as time went on, her condition did not improve.
A Battle Against the Insurance Company
Despite acknowledging Rosa’s injury, the workers’ compensation insurance carrier refused to take responsibility for the full extent of her disability. They claimed that she suffered only a minor strain and had fully recovered—a blatant misrepresentation of her medical reality.
To justify their decision, they relied on an outdated and incomplete medical evaluation from an adverse examiner who:
- Ignored three MRIs that showed nerve root encroachment, a condition that matched Rosa’s pain symptoms.
- Failed to conduct a full neurological assessment of Rosa’s left leg, ankle, and foot.
- Did not ask Rosa to remove her shoe and orthotic, missing the fact that she could not move her toes or bear weight on her left heel.
- Contradicted his own findings, noting that Rosa had limited lumbar mobility, positive straight leg raises, difficulty walking, and reliance on crutches and an AFO brace, yet still concluding that she had healed.
With this flawed evaluation, the insurance company denied further treatment and compensation, leaving Rosa in pain and without financial support.
The Medical Evidence That Proved Rosa’s Disability
In contrast, Rosa’s treating medical specialists provided extensive evidence proving the severity and permanence of her injury. Since January 2022, Rosa had undergone:
- 1.5 years of physical and water therapy, which improved mobility but did not relieve pain.
- Multiple cortisone injections, all of which failed to provide lasting relief.
- Neurological and surgical consultations, with no viable treatment options left.
Her physician collaborated with an Orthopedic Manual Therapist, who conducted a Functional Capacity Evaluation. The results were clear: Rosa could not even perform sedentary work.
A Vocational Specialist later reviewed all medical records and concluded that Rosa was permanently and totally disabled for employment purposes.
Justice for Rosa: A Hard-Fought Victory
At the Administrative Law Hearing, Attorney Lisa Pierobon Mays challenged the insurer’s flawed medical assessment and presented overwhelming evidence of Rosa’s permanent disability. She highlighted the clear discrepancies in the adverse examiner’s report, demonstrating that the insurance company’s denial was based on incomplete and misleading information.
Her compelling arguments, supported by Rosa’s credible testimony and thorough medical and vocational evidence, left no room for doubt. The court ruled in Rosa’s favor, granting her the workers’ compensation benefits she was rightfully owed. The benefits of:
*Lost Time from Work (termed TTD in Wisconsin) with NO offset for Long Term Disability Benefits already paid to her for the same time period;
*15% Permanent Disability rating (termed PPD) in Wisconsin;
*Payment of all of Rosa’s medical treatment expense and reimbursement of her medical mileage, and;
*The Insurance Carrier will continue to be responsible for all future medical treatment and potential for future claims.
The Judge did reserve ruling on an award for Rosa’s claim for loss of earning capacity because she had not attempted to return to the workforce in any capacity since her injury or attempted any vocational rehabilitations. Mays Law Office will pursue this claim on Rosa’s behalf in the near future once she has achieved better English language skills and attempted to return to work and/or seek services with the Department of Vocational Rehabilitation.
A Life Forever Changed
Before her injury, Rosa was an independent, energetic mother, fully engaged in her daughters’ lives. She worked hard to provide for her family, balancing work and recreation with ease. Now, her injury has taken away her ability to work and enjoy the activities she once loved.
She struggles with chronic pain, mobility limitations, and the emotional toll of losing her independence. Tasks that were once simple—cooking, cleaning, even walking—are now difficult and exhausting. Despite these challenges, Rosa remains determined to rebuild her life. Thanks to Attorney Pierobon Mays’ tireless advocacy, she now has the financial support needed to focus on her health and care for her daughters.
Attorney Lisa Pierobon Mays – Fighting for the Rights of Workers
Attorney Lisa Pierobon Mays continues to fight for injured workers, ensuring they are not ignored, dismissed, or denied their rights. Insurance companies may try to minimize claims, but with a skilled attorney, workers can get the justice they deserve.
For those struggling with workers’ compensation denials, Attorney Pierobon Mays is ready to stand up, fight back, and win. Because every worker—regardless of their background—deserves fair treatment under the law.