Attorney was successful before the Workers Compensation Appeal Board that affirmed the Judge's decision denying a claim petition on the basis that Claimant failed to provide the Employer Notice within 120 days of the alleged injury

Attorney was successful before the Workers Compensation Appeal Board that affirmed the Judge's decision denying a claim petition on the basis that Claimant failed to provide the Employer Notice within 120 days of the alleged injury. The Judge found the Claimant credible that she was injured at work and accepted her two medical experts testimony over that of the defense expert. However, by finding Claimant credible, he accepted her claim that the injury occurred in July of 2005 and that she did not report it until she filed a claim petition in June 2008. Claimant had also continued to work during this period, but her medical experts were pinned down to their opinion that the injury occurred in July 2005 and that this was not a cumulative trauma type injury. If claimant's medical experts would have also testified Claimant incurred a cumulative trauma type injury to her low back, then the Judge could have and most likely would have awarded benefits.