April 30, 2007 : John P. Kickbusch Prevails in Workers' Compensation Trial
John P. Kickbusch, an associate in the Firm's Cherry Hill office, prevailed in a workers' compensation trial held on April 23, 2007 in Atlantic City.
The petitioner was involved in a traumatic accident while working for the Tropicana Casino when he was struck in the left knee while breaking up an altercation during his job duties as a security guard on April 10, 2006. The petitioner received treatment provided by Tropicana and eventually was released from care and then began to work for Mr. Kickbusch's client in July 2006.
The petitioner filed a Claim Petition against the new employer alleging a traumatic injury on November 30, 2006 while walking. He developed RSD and has significant ongoing complaints.
After the petitioner’s testimony was given, Mr. Kickbusch moved for a dismissal of the claim for failure to sustain the burden of proof, arguing that there was no testimony revealing either a new trauma or an aggravation on the underlying injury. The Judge signed an order dismissing the claim petition and the Motion as against Mr. Kickbusch's client.
File Under: Results, Workers' Compensation, John P. Kickbusch