James R. Bucilla II

Results may vary depending on your particular facts and legal circumstances. 

Represented a global insurer and real estate company in regards to a claim petition filed by a moderate-to-heavy duty maintenance worker, alleging ongoing, disabling back and head injuries, by presenting defense evidence to show the workers' compensation judge (WCJ) that work injury did not occur. Before the WCJ decision, the latest demand to settle was $135,000 plus payment of medical expenses and costs. Based upon the defense evidence presented, including security footage, testimony from multiple fact witnesses and cross-examination of the claimant concerning his alleged story, symptoms, and treatment - the WCJ awarded no benefits.

Successfully prosecuted a termination petition to a full recovery adjudication for a national retailer and its third-party administrator. The claimant had an accepted shoulder injury requiring surgery and then a resultant adhesive capsulitis. The claimant received total disability benefits. In defense of the termination petition, the claimant argued she needed to undergo another surgery. Before the Workers' Compensation Judge (WCJ) Decision, the claimant had presented a $145,000 settlement demand. Using key emergency room records, diagnostic studies, and an intraoperative findings to persuade the WCJ to grant this employer relief in an otherwise unresolvable medical contest.

Successfully argued for denial of a claim petition, alleging an entitlement to ongoing disability benefits for disc-herniations and left lower extremity radiculopathy, on the basis the employee had failed to provide any notice of an alleged cumulative-type work injury within 120 days.

Successfully argued for a denial of a Penalty Petition, where an employee alleged she lost a significant business opportunity as a result of the untimely receipt of her workers’ compensation settlement check.