April 19, 2010 : Karrie S. Millett Gains Favorable Workers' Compensation Decision
Philadelphia associate Karrie S. Millett recently obtained a favorable decision from a Philadelphia Workers’ Compensation Judge on behalf of an employer. The injured worker filed a Claim Petition, seeking wage loss and medical benefits from a 2008 motor vehicle accident sustained in the course and scope of employment. The insurer and employer accepted the injury as work-related and issued a “medical-only” Notice of Compensation Payable (NCP). The Judge found in the employer’s favor that the claimant was not disabled as a result of the auto accident, and thus, the Judge suspended benefits as of the date of injury. Thereafter, the Judge terminated benefits as of the date of the defense IME in April 2009.
The WCJ found in favor of the defense medical expert - that claimant’s injuries were limited to minor contusions of the cervical and lumbar spine - and not the extensive injuries found by claimant’s physician. This finding on limiting the extent of injury will result in thousands of dollars of savings in medical bills to the client. The Judge found both claimant and her medical expert to be wholly incredible with respect to, as the WCJ wrote: “a deluge of totally disabling diagnoses” alleged.
The Judge went on to reject the claimant’s assertion of concurrent employment, resulting in substantial savings to the client, since claimant could have been entitled to partial wage loss benefits, even though she returned to work for the original employer. Notably, the Judge found the testimony of two employer fact witnesses fully credible. The Judge held that the defense employer witnesses were unaware of claimant’s other alleged employment, and that such other employment was in violation of claimant’s union contract to be “on call” for our client. Finally, the WCJ denied claimant’s request for reimbursement of litigation costs, another savings of thousands of dollars to our client.
File Under: Results, Workers' Compensation