Starting 2023 on a good note, Nate Hughes, Partner and Chair of the Workers’ Compensation Practice Group in the firm’s Pittsburgh office, secured a full victory in a contested Pennsylvania Workers’ Compensation Termination Petition case, convincing the WCJ not only to fully terminate benefits, but also rule that the Employer is not responsible for Claimant’s litigation costs of nearly $5,000.
The Workers’ Compensation Judge ruled for the Employer after accepting defense arguments that Claimant and her doctor could not credibly establish a lingering injury almost two years after Claimant sustained a low back strain at work.
Despite a supporting medical opinion from Claimant’s doctor and a concurrent allegation of an aggravation to the accepted work injury, the Judge accepted defense arguments that the objective findings did not support that opinion and, to the contrary, suggested symptom magnification. This was accomplished by strategically providing pertinent pre-DOI medical records to the defense medical expert at deposition that highlighted gaps in the competing physician’s grasp of the injury. Pending appeal, the Employer anticipates reimbursement from the Supersedeas Fund in excess of $20,000.
If you have any questions about this case, please contact Nate Hughes, Esq. at firstname.lastname@example.org or (412) 563-2500.