Successfully defended against a Claim and Penalty Petition for a significant low back injury wherein the claimant underwent surgery during the litigation and before the IME. The Workers' Compensation Judge denied the Claim and Penalty Petitions outright finding the claimant not credible. The judge relied heavily on the inconsistencies noted during cross-examination of the claimant and believed the employer’s theory that this was an incident, not a disabling injury, which was supported by fact witness testimony. The judge also found the claimant’s expert not credible, noting the expert’s opinion was based upon an inaccurate understanding of the medical history. As a result, our client was not responsible for any wage loss benefits, medical bills including surgery, or litigation costs, resulting in savings of well over $150,000.00 in back-due benefits.
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