Attorney successfully defeated an occupational exposure Claim Petition

Attorney successfully defeated an occupational exposure Claim Petition. Petitioner alleged cervical disability as a result of repetitive duties. During the course of petitioner's trial testimony, she conceded that she had outside employment. However, petitioner was paid under-the-table and her testimony did not confirm the exact dates of this outside employment. Accordingly, we were limited in our investigation into this employment. We subpoenaed to testify one of the outside "employers" petitioner identified. This "employer" was petitioner's brother, the other employer was deceased. We also cross-examined petitioner's medical expert as to his lack of knowledge of the outside employment and duties thereat. Although the judge hinted throughout trial and negotiations that he would likely find some level of liability against us, we were able to convince him through oral and brief argument that petitioner and the lay witness lacked credibility, and that the findings of petitioner's expert were not reliable. The claim was dismissed in its entirety due to failure to sustain burden of proof as a result of the credibility/reliability issues. As such, there was a finding of no liability against us as well as a lack of entitlement of temporary total, medical or permanency benefits as to petitioner.