Legal malpractice complaint seeks $400k over workers' comp issue

Steve Gonzalez Dec. 7, 2007, 12:35am

Frank Krausz filed a legal malpractice suit against Ann Dalton and Hammond, Shinners, Turcotte, Larrew & Young in Madison County Circuit Court Nov. 27, alleging they botched his workers' compensation claim.

According to Krausz, he was employed by Lanter Company and was injured at work on Aug. 21, 2001. He sustained injuries to his neck and shoulder while trying to close a jammed trailer door.

He claims that on Nov. 30, 2001, he retained the defendants by a written contract to represent his claim against Lanter.

Krausz claims the defendants filed an application for benefits with the Illinois Industrial Commission on March 12, 2002, and because of their actions his claim was denied.

Krausz claims the defendants negligently allowed his claim to get above the "red line" and be dismissed for want of prosecution, failed to make a timely application to reinstate the case after learning of the dismissal and failed to notify him of their actions until a year went by and his case was permanently barred.

"But for the Defendants' careless and negligent acts and omissions, Krausz would have received the sum of at least $397,372.82," the complaint states.

Represented by Stephen Niemira and Bryan Cavanaugh of Sandberg, Phoenix and von Gontard in St. Louis, Krausz is seeking damages in excess of $400,000, plus costs of the suit.

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