November 14, 2006 : Richard K. Tavani Prevails in Two Workers' Compensation Actions
Richard K. Tavani, a partner in the Firm's Cherry Hill office, recently obtained the dismissal of a claim petition on behalf of his client. Mr. Tavani successfully argued before Judge LaBoy in Camden that the petitioner had failed to file a claim for a September 2001 left shoulder injury within the two-year statute of limitations. The petitioner had claimed that the statute was tolled because the private health plan maintained by the employer had arranged for medical treatment for the employee's shoulder.
Mr. Tavani also earned a trial victory that resulted in the dismissal of two cardiac claims against his client. In that action, the employee filed three claims against his employer, two of which concerned allegations of a compensable heart attack. The petitioner, who suffered a heart attack in September 1999, alleged that the cause of the heart attack was his strenous work effort pulling, pushing and loading a large number of trays of bakery products for the client. Mr. Tavani presented evidence that the work done by the petitioner was not per se strenous.
Testimony was taken from the petitioner, a representative of the employer, and the cardiac experts for both sides before Judge Giovinnazzi in Atlantic City. The Judge concluded that the petitioner failed to sustain his burden of proof. The judge agreed with the expert for the employer that the petitioner's heart condition did not result from his employment. The ruling insulated the client from responsbility from the $90,000 in medical bills related to the heart surgery.
File Under: Results, Workers' Compensation, Richard K. Tavani