Attorney obtained a denial and dismissal of a claim petition wherein the claimant was employed as a home health aide for our client

Attorney obtained a denial and dismissal of a claim petition wherein the claimant was employed as a home health aide for our client. She dealt with mentally and physically impaired patients. Claimant alleged that on 4/5/10 a patient refused to exit her vehicle and beat on the claimant's right shoulder and neck area for 25-25 minutes. Claimant did nothing to stop the patient, nor did she get out of the car to avoid being beaten upon. She immediately stopped working for our insured, but did not seek any medical care for two months. During that time, she continued to work for another employer doing residential care for 50-72 hours per week. She eventually stopped working altogether approximately three months after the alleged work injury. Claimant was sent to a doctor by her attorney. The doctor had his medical license suspended and he did not practice medicine from 1987-2003. He opined that claimant suffered an acute cervical strain, an acute right shoulder girdle strain, and right upper extremity radiculopathy as a result of the work injury. He declared her totally disabled from all employment. The defense doctor performed our IME and opined that claimant suffered no work injury. He noted that she denied prior shoulder and neck problems, but the medical records he reviewed showed years of prior neck and shoulder problems dating back to a motor vehicle accident in 2008. The Judge found the claimant's testimony to be "entirely lacking in credibility." .