Defeated Teacher's "Screwy" Claim Petition
Obtained a favorable decision defeating a claimant’s claim petition. The teacher/claimant alleged that a student threw a “very large, heavy” screw at her, hitting her head just above her ear, resulting in pain, dizziness, and difficulty with balance coordination and memory. She sought immediate treatment at a hospital and, thereafter, with her own physicians. The claimant was diagnosed with post-concussive symptom, close head injury, traumatic headaches, vestibulopathy and encephalopathy. In opposition, the defense challenged the mechanism of injury and was able to present an affidavit from a police officer who measured the screw involved and determined it was significantly smaller and lighter than the claimant alleged. We highlighted contradictions in the claimant’s medical records and noted that the plaintiff’s medical records outlined prior headaches, vertigo and a concussion. We also emphasized that the claimant had failed to report the extent and nature of her prior medical condition to the medical providers or the IME physician.