WORKERS COMPENSATION RELATED INJURY

New York Personal Injury Lawyer
New York

Man To Receive Record-setting $25 Million Settlement

Workers Compensation

June 1, 2006

Lancaster, NY - What many people believe is the largest insurance settlement ever offered in the history of Western New York is going to a Lancaster man who was injured on December 19th, 1998. As a result of one of their liquid nitrogen tanks rupturing, causing the man to lose an arm and both legs, the man's employer has been ordered to pay $25 million in compensation.

The settlement was granted to Michael C. Ottaviano, 50, after being approved in the State Supreme Court. In total, the court could end up raising the settlement to $30 million, said Ottaviano's attorney.

The settlement will be paid by five worldwide businesses which supply industrial gases for Praxair. Ottaviano was working as a driver for Praxair when the accident occurred.

The liquid nitrogen tank ruptured as Ottaviano was making a delivery to a Genex Cooperative facility just outside of Ithaca. Ottaviano suffered severe burns and was in a remote area where he went many hours without being treated.

After he was discovered, he had sustained serious injuries to his right hand, wrist, and had to have his legs amputated below the knee as a result of injuries.

Ottaviano spent months in the hospital, undergoing many surgeries and learning to live on his own. He will need care and therapy for the rest of his life, according to his attorney.

Although there are no official records kept on settlements made in similar trials, some believe that it is the largest ever in Western New York, and even possibly the state.

Ottaviano is expected to receive the majority of the settlement in the next week. The last $5 million of the settlement will be generated by a portion designated by the court.

The settlement payment is the collaborative effort of the carriers for Praxair, Genex Cooperative Inc. of Shawwano, Wis., and its 21st Century Genetics subsidiary, and Minnesota Valley Engineering, a producer of cryogenic tanks.

 
 
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