What’s Hot In Workers’ Comp - News and Results*

NEWS

Angela DeMary (Mount Laurel, NJ) will present “Assessing the Injury and Case” at NBI’s online seminar, New Jersey Workers’ Compensation Fundamentals: Attain the Best Possible Results for Your Clients, on November 29. For more information, visit: https://www.nbi-sems.com/Home/FacultyCourseInfo?eventid=97379 

RESULTS*

Kacey Wiedt (Harrisburg, PA) prevailed on termination, suspension and review petitions before a workers’ compensation judge, who found that the claimant was fully recovered as of date of our medical expert examination. The judge also found our employer witnesses more credible and persuasive than the claimant’s, and that he was terminated for cause and should not have received wage loss benefits. The judge also denied the claimant’s review petition to expand the accepted injury. Kacey is successfully recovering $33,508.00 from the Supersedeas fund.

Kacey Wiedt (Harrisburg, PA) prevailed on a claim petition, where the workers’ compensation judge found that the claimant did not sustain a work-related back injury. The claimant claimed that repetitively lifting heavy boxes at work caused his back injury. The judge found our employer witness more credible and persuasive, who testified that the claimant that had an attendance issue and only reported a work injury after he was going to be terminated from his employment. Our medical expert also established that the claimant did not have any medical issues correlating with a work injury. 

Judd Woytek (King of Prussia, PA) and Audrey Copeland (King of Prussia, PA) were successful on an appeal to the Commonwealth Court. The workers’ compensation judge had awarded a closed period of benefits and then terminated all benefits, despite the employer’s late answer. The judge felt that the description of injury was not well-pled and, therefore, not deemed admitted. The Appeal Board reversed the judge on the full termination of benefits, saying that, since our IME physician did not acknowledge a work-related psychiatric injury, his testimony was in conflict with the admitted injury due to the late answer. They reversed the judge and ordered reinstatement of temporary total disability benefits. The Commonwealth Court found in our favor and reversed. The court held that the judge was correct that the injury was not well-pled and that we were not deemed to have admitted a psychiatric injury. Therefore, they reinstated the judge decision which terminated benefits.

*Prior Results Do Not Guarantee a Similar Outcome
 

_{What’s Hot in Workers’ Comp, Vol. 27, No. 11, November 2023, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2023 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}