Attorney Frattone Secures Favorable Supersedeas Ruling on Suspension Petition

Post Date
11/04/11

Joseph F. Frattone, IV recently obtained a favorable Supersedeas ruling from an Allentown WCJ allowing for our client to suspend payment of workers' compensation wage loss benefits while the parties continue to litigate a Suspension Petition. The ruling reversed a prior ruling in the case in which the judge denied Supersedeas. However, Mr. Frattone persuaded the court to reverse the ruling and grant the requested relief. The Suspension Petition alleges that the claimant’s benefits should be suspended since he is an illegal immigrant who has been released for a return to modified duty work. Pending a Decision on the Suspension Petition, the granting of supersedeas allows the client to cease making weekly payments of more than $400 to the claimant. Over the course of a year, this will amount to nearly $22,000 in savings. The granting of the supersedeas places this client is a strong position to either prevail at the conclusion of the litigation, or to negotiate a far more favorable settlement than would have been possible prior to this ruling.

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