Successfully Defended an Appeal Before the Pennsylvania Workers’ Compensation Appeal Board

We successfully defended a Pennsylvania-based industrial linear actuator supplier on appeal before the Workers’ Compensation Appeal Board. The claimant appealed a termination order which found her to be fully recovered from work injuries to her low back and multiple other body parts. The claimant alleged on appeal that factors considered by the underlying workers’ compensation judge supporting the full recovery opinion (including a post-injury new slip and fall) were not supported by the evidence record. To the contrary, we successfully argued on appeal that the workers’ compensation judge’s decision was based on cross examination of the claimant’s own medical expert wherein he gleaned a history from the claimant of subsequent injuries that were never disputed by the claimant in follow-up testimony. The Appeal Board held that the judge can only decide cases based on evidence before the court, and the Board would not overturn the judge based on new allegations of the claimant.