What’s Hot in Workers’ Comp - News and Results*

RESULTS*

Benjamin Durstein (Wilmington, DE) convinced the Industrial Accident Board to grant an employer’s petition to terminate total disability benefits. The claimant’s medical expert, the treating doctor, did not believe the claimant could work in any capacity due to her work-related low back injury. However, the Board found the employer’s medical expert’s opinions to be more credible and determined that the claimant was able to return to work with sedentary duty restrictions. There were jobs available for her within the open labor market, and the claimant was placed on temporary partial disability. During the hearing, the Board granted Ben’s motion to exclude late-produced job search documentation from evidentiary consideration.

Tony Natale (King of Prussia, PA) received a complete defense verdict, having his Termination Petition granted. The claimant slipped at the work place, injuring her wrists and knees bilaterally. The insurer accepted strain injuries to all body parts. A Termination Petition was filed, alleging full recovery, based on the fact that the claimant's strains had resolved and her current complaints were due to pre-existing severe arthritis. Tony cross examined the claimant's expert and forced an admission that the claimant’s arthritis is the significant contributing factor to ongoing pain and disability.

Tony Natale’s (King of Prussia, PA) Suspension Petition was granted in a case where the claimant sustained a catastrophic injury resulting from a fall from heights. The insurer accepted a multitude of serious and somewhat permanent diagnoses as work-related. Work was later made available to the claimant within some very strict release restrictions. At all times the claimant refused this available employment. Tony presented medical evidence to support the claimant's ability to return to work. On cross examination of the claimant's medical expert, Tony forced him to admit that the claimant was capable of the working with restrictions. The court granted the Suspension Petition, suspended indemnity benefits and found that four of the claimant's six major diagnoses had completely resolved.

Tony Natale (King of Prussia, PA) successfully defended the Appeal of a review and Reinstatement Petition that he was able to have dismissed. The claimant sustained a compensable upper extremity injury and returned to work in a modified capacity. More than a year after resigning from the position, the claimant alleged a consequential injury to her opposite upper extremity that she claimed developed before her resignation. The claimant filed a Review and Reinstatement Petition, which Tony was able to have dismissed based on a causation and potential notice defense. The claimant appealed to the Appeal Board, arguing that the underlying court did not have a reasonable basis to dismiss the matter on causation notice. The Appeal Board presided over a very explosive oral argument on the issues of causation and notice before dismissing the appeal.

Michael Duffy (King of Prussia) successfully obtained a defense verdict in a workers’ compensation matter in Pennsylvania. The claimant demanded $300,000 plus payment of medical bills and reimbursement of litigation costs, alleging he sustained a severe neck injury as a result of an 80-pound plastic mat falling on his head at his workplace. The claimant testified that the mat fell on his head, however, his expert medical witness had opposing testimony, stating that the claimant fell while carrying the mat over his head. After the incident, the claimant waited four months before seeking treatment, received medical care from the chiropractor twice, then continued working without further treatment. After a year, the claimant returned to treatment and quit his job to pursue a better opportunity elsewhere, but claimed his dismissal was due to pain from his injury. We presented text message evidence and fact witness testimony from two employers, establishing the claimant’s pre-injury complaints of neck pain, lack of notice of the work injury, and the circumstances of claimant’s quitting. Medical records from claimant’s primary care physician also highlighted complaints of a variety of issues the week before he quit, none of which were for his neck. The claimant’s medical expert testified that the claimant required neck surgery, however, our medical expert emphasized that there was no objective evidence of any ongoing injury to support a surgical diagnosis. The judge found our witnesses credible, ruling that the claimant did not sustain a work injury, denying his claim petition.

Perry Merlo (Harrisburg, PA) was successfully granted a termination petition in a workers’ compensation matter in Pennsylvania. The claimant was struck by a motor vehicle in a hit-and-run while performing his job as a trash collector. He sustained injuries to his lower back, neck, shoulders, and leg. Perry filed a termination petition, presenting an expert medical witness, along with surveillance evidence showing the claimant performing rigorous physical activity, despite his claims of being unable to do so. The Workers’ Compensation Judge agreed, granting our petition.

*Prior Results Do Not Guarantee a Similar Outcome