Successfully Defended Claim Petition for a Major Manufacturing Supplier

We successfully defended a claim petition on behalf of one of the world’s leading suppliers of equipment and services to packaging and label manufacturers. The claimant was helping to lift a 400-pound slab when she felt her shoulder “pop.” She continued to work for several months, allegedly in pain, until she could no longer work. After vigorous cross examination, the claimant was forced to admit that she provided notice 122 days after the date of injury—which is untimely by the letter of the law. The claimant then asserted that her injury was “repetitive trauma,” arguing that each day she worked after the original incident caused a new injury. Both parties presented medical experts. Cross examination of the claimant’s medical expert dispelled the claimant’s theory of compensability. The court required that the parties engage in mandatory mediation. The claimant declined, noting that “she wanted her day in court,” and then changed attorneys. The court dismissed the claim petition on the bases of violation of notice provisions of the Act and on the lack of credibility of the medical expert presented.