Dismissal of Claim Petition Against Life Insurance Company
Successfully defended a national mid-market life insurance company in the litigation of a claim petition wherein the claimant alleged a debilitating lumbar nerve root injury while carrying company property from her car into her home. Under cross examination, the plaintiff admitted that she previously injured her back many months before the alleged work injury and was actively treating for the same at the time of the work incident. The claimant also admitted she was discharged from employment for cause and did not report the alleged work injury until after this discharge. In cross examination of the claimant’s medical expert, the defense highlighted that the expert was unaware of the claimant’s prior injuries and treatment and had an incomplete history as to the onset date of her back pain and radiculopathy. The judge found the credibility of both the claimant and her expert to be in considerable doubt, and denied and dismissed the claim petition.