Claim and Penalty Petitions Successfully Dismissed
Successfully defended claim and penalty petitions where the claimant alleged that he sustained Charcot foot and specific loss of three toes as a result of an injury that occurred at work. The defense offered testimony from three employer fact witnesses. Additionally, there was testimony from medical experts regarding the serious nature of the injury and causality. During cross examination, we were able to obtain an admission from the treating doctor that an incident that occurred while the claimant was on vacation was a substantial and contributing factor to the claimant’s need for surgical procedures. Ultimately, the Workers’ Compensation Judge found the employer’s fact witnesses and medical expert to be more credible than the claimant and his doctor. There was a significant lien, which the employer would have also been responsible for had the claim been found to be related. Both petitions were dismissed, and no appeal was filed by the claimant.