Weber Gallagher Simpson Stapleton Fires & Newby LLP

August 29, 2011 : Zachary M. Rubinich Obtains Dismissal of Claim Petition Seeking Workers’ Compensation Benefits

Mr. Rubinich recently obtained a favorable Decision from a Philadelphia WCJ denying workers' compensation benefits to an allegedly injured worker under the Pennsylvania Workers' Compensation Act. In the Decision, the Judge accepted as credible the employer's medical expert opinion that the worker did not sustain a compensable disabling work-related injury based upon an objectively normal physical examination. The Judge also credited the employer's medical expert's reliance upon claimant's past medical records which significantly revealed a prior history of low back problems and treatment. The Judge specifically rejected the testimony of the worker's medical expert who opined that the worker had suffered an injury during the course and scope of her work duties since this medical expert's opinion was based upon an inaccurate history and failed to consider the past medical records of a documented low back problem. Additionally, the Judge specifically rejected as unpersuasive the testimony from the worker about how the mechanism of this alleged injury occurred at work. In conclusion, the Judge denied and dismissed the Claim Petition in its entirety and did not award any wage loss benefits, medical benefits, counsel fees or litigation costs. Mr. Rubinich was assisted in this litigation by Melissa M. Smith and Ross J. Ventre II.