Laserfiche WebLink
Case 1:20-bk-12043 Doc 621 Filed 02/24/21 Entered 02/24/2114:52:42 Desc Main <br /> Document Page 11 of 40 <br /> Cole's injuries setting forth opinions and information on: (1) The person'sknowledge and <br /> expertise of the applicable Workplace safety statutes, rules, regulations and consensus <br /> industry safety standards; (11) The specific unsafe Working condition(s) that were the cause <br /> of the injuries to Kenneth Cole that is the basis of this Complaint; and (111) The specific <br /> statutes rules, regulations or written consensus industry safety standards violated by the <br /> Defendant that are directly related to the specific unsafe working conditions. <br /> 13• Notwithstanding the existence of the specific unsafe working conditions, the <br /> knowledge of the Defendant,and applicability of the unsafe working conditions to the duties <br /> required of Kenneth Cole,Defendant nevertheless intentionally exposed h in-1 to the specific <br /> unsafe working conditions described herein. <br /> 14. As a proximate result of the conduct of the Defendant, as described herein. <br /> Plaintiff Kenneth Cole suffered serious compensable injuries as defined in section one, <br /> article four, chapter twenty-three of the West Virginia Code as a direct and proximate result <br /> of the specific unsafe working condition. These injuries include, but are not limited to, <br /> severe and permanent injuries to various parts ofhis body, including cognitive ;Impairment, <br /> amongst other injuries. It is expected that these injuries will result in a permanent physical <br /> and/or mental injury and/or a combination of physical and psychological injuries rated as a <br /> total whole person impairment level of at least thirteen percent (13%) as a final award in <br /> Kenneth Cole's workers' compensation claim and are personal injuries which cause <br /> permanent loss or significant impairment of function of any bodily organ or system, orresult <br /> in objectively verifiable bilateral Or multi-level dermatomal radiculopathy; and are not <br />