Plaintiff’s foot injury no match for Marshall Dennehey’s workers’ comp attorneys.
We successfully defended a claim petition for a left foot injury alleged to be traumatic plantar fasciitis and aggravation of pre-existing plantar fasciitis and tendonitis. The defense was able to show that the claimant had longstanding left foot complaints, including a previous surgery. In addition, the claimant’s testimony was rejected by the judge for misrepresenting that he did not have a CDL license when he initially testified. After further discovery, John was able to obtain information that the claimant did have an active CDL license at the time he testified, had gotten a physical examination for this license and had obtained his license a month before he testified initially. The claimant’s credibility was also impeached in other parts of his testimony; he alleged a lack of funds for medical treatment when he, in fact, had medical insurance through his spouse and had just received a $10,000 stimulus unemployment check. The judge rejected the claimant’s testimony in its entirety for these reasons. The judge further rejected the claimant’s medical evidence from a podiatrist as opposed to a board certified orthopedic surgeon. The judge ultimately found that the claimant had suffered no traumatic injury and his complaints were due to his preexisting plantar fasciitis condition.