Attorney received affirmation by the Workers' Compensation Appeal Board of a recent victory in a hotly-contested matter in favor of a statewide client and its insurance carrier

Attorney received affirmation by the Workers' Compensation Appeal Board of a recent victory in a hotly-contested matter in favor of a statewide client and its insurance carrier. The Board affirmed the underlying decision of the judge, which was a grant of Termination Petition/Suspension Petition and dismissal of multiple Review Petitions seeking to expand the description of injury, which were filed over the nearly two-year litigation period. In this matter, a claimant who was involved in a forklift incident, as a pedestrian, claimed ongoing disability and psychological problems due to a tibia fracture. The attorney was able to have claimant's treating physician admit that there was evidence that the claimant had been malingering while remaining on crutches for well over a year following the incident. During litigation, coordinated efforts with the employer and open lines of communication with key witnesses brought to light information that the claimant had been involved in a physical altercation with police officers responding to a domestic dispute. After securing the police reports and interviewing the officers involved, their testimony was taken. The judge accepted the officers' unbiased testimony that claimant demonstrated physical capabilities consisted with his full recovery from the underlying injury.