Timothy G. Sullivan, a partner in the firm’s Pittsburgh office, successfully obtained a denial and dismissal of a Claimant’s workers’ compensation Fatal Claim Petition based on successfully challenging the credibility of the Claimant’s expert witness. At issue was whether a work-related concussion was the cause of the Decedent’s suicide. 

On May 11, 2024, Decedent suffered a concussion at work. As a result, the claim was accepted, and he began to receive wage loss and medical benefits. In August 2024, the Decedent tragically took his own life. Thereafter, Decedent’s widow filed a Fatal Claim Petition alleging that Decedent’s suicide was casually related to his work injury. The parties fully litigated the matter, after which the Judge issued the favorable defense ruling. 

In his Decision, the WC Judge provided a detailed summary of the evidence. The dispositive factor in the case was the weight of credibly granted to each expert witness. The WC Judge agreed with the Defense’s expert witness, a neuropsychiatrist who had treated thousands of patients who had suffered traumatic brain injuries, over the Claimant’s expert witness, a family medicine doctor who did not specialize in concussions or suicides. 

Notable were the concessions elicited from the Claimant’s expert witness during Attorney Sullivan’s cross examination. Attorney Sullivan emphasized the witness’ lack of experience in the treatment of traumatic brain injuries, concussions and suicide and concussions. Attorney Sullivan emphasized the witness’ opinion was based onthe inapplicability of the more than twenty studies the witness cited relating concussions to suicide, namely that the studies failed to consider the reasons a person takes their own life is multifactorial and cannot be viewed in vacuum. The Defense’s expert witness stated that one factor could not have been the sole cause of the Decedent’s suicide, and the Claimant’s expert witness’s failure to consider any additional factors led to a false conclusion and one that could not be reached within a reasonable degree of medical certainty.

Citing Pennsylvania Supreme Court precedent, Attorney Sullivan argued that the Claimant’s expert witness had made an unreasonable and speculative assumption that was not legally sufficient to establish a causal connection between the Decedent’s work injury and his suicide. The Judge agreed with Attorney Sullivan. Moreover, the Judgespecifically referred to the credibility of the Defense’s expert witness and his expertise in traumatic brain injuries in rendering his decision.

This decision was unusual insofar as Judges will often give Claimant experts the benefit of the doubt, particularly in Fatal Claim Petitions because of the difficulty of circumstances faced by Claimants and their children. Indeed, the Judge credited Claimant’s testimony about the undeniably tragic circumstances of her situation. However, it was the qualifications and credibility of the Defense’s medical expert and Attorney Sullivan’s successful cross-examination of the Claimant’s medical expert that ultimately led the Judge to rule in favor of Attorney Sullivan’s client. This decision came after the Claimant had demanded more than $1 million to resolve the claim. 

If you have any questions about this case or any other workers’ compensation matter, please contact Timothy Sullivan, Esq. at tsullivan@c-wlaw.com or (412) 563-2500.