Sherri Dougherty Successful in defeating claimant's Reinstatment and Review Petitions

    Successful in defeating claimant’s Reinstatement and Review Petitions. Claimant tripped and fell at work, injuring her right knee. She treated briefly with employer’s panel physicians and was released to full duty work. A few weeks later, the claimant was terminated after engaging in a verbal altercation with her supervisor. Claimant sought to have her indemnity benefits reinstated, and also filed a Review Petition, alleging that in addition to a knee contusion, she also suffered from internal derangement of her right knee, a right ankle injury, and a low back injury. The Judge found claimant and her medical experts incredible and accepted the testimony of the employer’s medical expert and two employer fact witnesses (claimant’s supervisor and the HR Generalist). The Judge found that claimant’s termination for cause was unrelated to her work injury, and did not warrant reinstatement of benefits. The Judge also did not believe claimant sustained injuries to her low back or right ankle. Claimant filed a timely Appeal, arguing that the Judge’s decision was not based on substantial evidence. The Appeal Board disagreed, and affirmed the Decision. Claimant’s benefits are now terminated, and no further payments after her termination for cause were due, saving the employer significant money.

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