Defense verdict on behalf of theme park regarding workers’ comp claim and penalty petitions.
The claimant alleged a work-related injury while working as a seasonal actor for the employer. Specifically at issue was a left shoulder injury, which according to the claimant, resulted in a reverse left shoulder total replacement procedure. The injury was denied as compensable, and a claim petition and a penalty petition were filed for total disability. We presented the testimony of a board-certified orthopedic surgeon on why the injury was age-related, along with fact witness testimony demonstrating how the claimant was not only fired for cause but, furthermore, could not be believed regarding her alleged version of events. After the claimant backed out of a settlement, the parties took this matter to decision, which ultimately led to the judge denying both the claim and penalty petitions. No benefits or liability was assessed to the employer/carrier.