Attorney won a hotly contested claim petition involving our clients, a learning center and insurance companies
Attorney won a hotly contested claim petition involving our clients, a learning center and insurance companies. Claimant alleged a workplace injury while breaking up a fight during the course and scope of employment in 2008. Both parties presented medical and factual witnesses. Claimant's attorney clandestinely hired a "nurse" to attend the employer's IME using the guise of being a family member. The nurse's report was not made part of any discovery package forwarded to the employer in the case. During the cross-examination of employer's medical expert, the report was referenced for the first time in an attempt to discredit the orthopedic evaluation. The WCJ found that the claimant was not entitled to any indemnity benefits whatsoever and was fully recovered from any and all workplace injuries, and rejected the nurse's report in its entirety.