September 01, 2010 : Richard K. Tavani Gains Favorable Workers' Compensation Decision
Partner Richard K. Tavani recently obtained a favorable decision from a Camden County Workers' Compensation Judge on behalf of an employer. An injured employee filed a claim petition alleging that he was bitten by a spider in the course and scope of his employment while working under a boiler and as a result sustained injuries. The petitioner subsequently filed four amended petitions. The fourth amended petition alleged that petitioner had sustained an "insect bite or work-related occurrence/insult that irritated the skin leading to infection", specifically MRSA. Upon receipt of the fourth amended complaint, the case proceeded to trial. The judge found no causal nexus between the alleged spider bite/ skin irritation and the MRSA and the petitioner's employment activities. Specifically, the Court found that the petitioner's daughter transmitted the MRSA to him and found that the petitioner did not sustain either a work-related spider bite or skin irritation. Thus, the Court held neither skin irritation or the MRSA infection arose out petitioner's employment and the petitioner's claim was dismissed with prejudice.
File Under: Results, Workers' Compensation, Richard K. Tavani