What's Hot In Workers' Comp - News and Results*
NEWS
Michele Punturi (Philadelphia) was inducted into the College of Workers’ Compensation Lawyers on Friday, March 7. The CWCL was established to honor attorneys who have distinguished themselves in the practice of workers’ compensation law. Michele is among a select group of attorneys in Pennsylvania and across the country, who have earned this prestigious honor. Read the press release: https://marshalldennehey.com/firm-news/michele-r-punturi-named-fellow-c….
RESULTS*
Jennifer Callahan (Scranton, PA) was successful in defending a claim petition that alleged repetitive daily trauma, causing multiple hernias. The claimant had three non-work-related procedures in the nature of a tummy tuck and abdominal wall reconstruction in August 2020, October 2020 and April 2021. She returned to work after the first procedure, in August 2020, with no restrictions. She late received restrictions, which the employer was willing to accommodate. She alleged that she sustained multiple hernias at the surgical site as a result of work-related repetitive activities, specifically walking up and down stairs. She was employed at a spa/salon as a receptionist. The claimant alleged the hernias were caused by having to repeatedly escort customers to the spa area on the second floor. Jen presented four employer witnesses who refuted that the claimant was required to go up and down the stairs to the spa multiple times or at all. The employer even moved her to another spa where there were no stairs. The judge did not find the claimant credible compared to the employer’s witness testimony. Jen was able to establish that the claimant’s medical witness was equivocal on causation. Further, the judge found the opinions of the defense medical expert more credible.
Tony Natale (Philadelphia, PA) successfully prosecuted a termination petition and defended a review petition on behalf of a Berks County mushroom facility in a falling object case. Claimant sustained a strain injury to his neck when he was struck by a stack of falling mushroom baskets at work. Although the baskets only grazed one side of his head and neck, the claimant alleged that his opposite shoulder was injured in the accident to the extent of a fully torn rotator cuff tendon. Claimant also alleged that a calcified longitudinal ligament in his neck was also caused by this accident resulting in surgery and disability. Tony convinced the court that the only injury sustained during the incident was a neck strain that fully recovered—all other alleged injuries were found not to be work related.
Tony Natale (Philadelphia, PA) successfully defended a Berks County mushroom/food plant in the litigation of a claim petition. The claimant alleged a work injury followed by an alleged wrongful discharge. Tony convinced the court the the discharge was secondary to a viable violation of company policy and further that the claimant did not sustain any compensable injury that would have resulted in disability . Tony forced the claimant to admit that she did not treat medically for a period of 1.5 years after the alleged occurrence of the injury, a point the court found suspicious. Moreover, claimant admitted after a volatile exchange on cross examination that she was actually working for the medical facility that was treating her for the alleged injuries. The judge found the claimant to be less than credible on all counts.
Kacey Wiedt (Harrisburg, PA) prevailed on a lengthy case on behalf of a trash collection company. The case involved testimony from seven employer witnesses and medical expert testimony. Kacey successfully defended all petitions pertaining to the claimant’s claim, including review and penalty Petitions. The high-exposure case (the claimant had an average weekly wage of $2,846 with max comp rate) was the result of the claimant being terminated for failure to timely report a work-related injury as per company policy.
*Prior Results Do Not Guarantee A Similar Outcome
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