Weber Gallagher Simpson Stapleton Fires & Newby LLP

June 02, 2006 : Weber Gallagher Attorneys Prevail in Contested Termination Petition

Weber Gallagher attorneys Shawn C. Gooden and Lori A. Tunstall won a major victory before Workers' Compensation Judge Robert Benischeck.  By decision circulated on May 23, 2006, Judge Benischeck terminated a claimant's workers' compensation benefits, finding the claimant fully recovered from his work-related injury and denied claimant's attempt to expand the description of injury.  Central to the judge's decision was his finding that the claimant sustained only a soft tissue injury and not a tear of the disc annulus, as asserted by the claimant, an unusual development.  Normally judges are likely to find that in addition to an injury, an individual aggravated a pre-existing condition.  The Judge cited claimant's testimony that he had prior aches and pains. He noted that the claimant was capable of performing his regular duty job for two months following the injury with a doctor's approval.  He found persuasive the employer's doctor, who testified that the claimant's condition reflected the normal progression of degenerative disc disease which had simply reached the point where claimant was no longer capable of doing heavy lifting.  Ultimately, the judge found that any ongoing pain, treatment and work restrictions were related to claimant's degenerative disc disease and not the work injury.