What's Hot In Workers' Comp - News and Results*
NEWS
Ashley Eldridge (Philadelphia, PA) was a speaker at the Dispute Resolution Institute’s Person Injury Potpourri, presenting “COVID-19 and Workers’ Compensation.”
RESULTS*
John Swartz (Harrisburg, PA) successfully appealed the workers’ compensation judge’s decision denying a termination petition. The parties had entered into a Compromise and Release Agreement regarding the claimant’s future benefits only. The judge found that the employer had presented sufficient evidence for a termination of benefits and accepted the employer’s medical witness. However, the judge denied the termination petition on the basis that the Compromise and Release Agreement settled all benefits. John specifically reserved the right for a decision on the termination petition, and the Compromise and Release Agreement specifically stated it only applied for future benefits. The Appeal Board agreed and overturned the judge’s decision. The decision will allow the employer to obtain a significant recovery from the Supersedeas Fund on past-due benefits that were paid for over a year, including medical and indemnity benefits.
John was also successful in defending a claim petition. The petition was actually granted, but only for a closed period of disability of a little over three months. Benefits were then terminated by the Workers’ Compensation Judge on the basis that the claimant failed to present any ongoing evidence of injury. Furthermore, the judge commented that the evidence presented from the employer’s medical expert was credible and persuasive, that the claimant was fully recovered from the left shoulder sprain/strain, despite the treating physician recommending ongoing treatment and an MRI study, which had not been completed. In addition, John secured a credit for unemployment compensation benefits paid to the claimant, which reduced by half the indemnity benefits owed to the claimant.
*Prior Results Do Not Guarantee A Similar Outcome
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