High Exposure Workers' Comp Claim Dismissed

Successfully defended a high-exposure workers' compensation claim on behalf of a mushroom processing plant in Berks County. The case involved a claim petition in which an employee alleged a debilitating work-related injury involving a lumbar spine disc herniation with radicular components after alleged heavy lifting at work. Based on the claimant's inflated average weekly wage and the severe nature of his injury, this was a high exposure claim. A complete medical exam was undertaken on behalf of the mushroom facility by a nationally recognized orthopedic surgeon. At first, the case appeared compensable based on the claimant's history and the surgeon’s clinical findings. However, the defense was able to uncover historical emergency room records which demonstrated that the claimant suffered from the disc herniation prior to his employment with the mushroom facility. Through the use of those hospital records, the defense established that the claimant told the ER physician that he did not want to treat for the disc herniation until he secured employment and had medical insurance. The claimant never revealed these facts to his current treating expert or the court during direct examination, which the defense used to question his credibility. The workers' compensation judge found the claimant to be less than credible and dismissed the claim in its entirety.