Doctors thought the driver had herniated a disc in his spine, but they were unable to confirm the diagnosis or perform any type of procedure due to the client’s size. The trucking company and its insurance carrier tried to used this against the driver, and minimize his claim.
Nagel was able to move the case to Illinois because the truck driver had been dispatched from Edwardsville, Illinois. This was crucial to the client's recovery because Illinois' workers compensation laws are far more favorable than the company's home state (Wisconsin) or the state where the injury occurred (Georgia). This knowledge of the Illinois workers compensation statute allowed Nagel to put pressure on the insurance company, which eventually settled with the injured driver for $130,000.00, rather than risk trying the case to an Illinois Workers Compensation Arbitrator.