Results may vary depending on your particular facts and legal circumstances.
Successfully defended Claim and Penalty Petitions. The employee filed the petitions against a family-owned packaging company. The Workers’ Compensation Judge rejected the employee’s credibility based on significant inconsistencies Ventre established relative to the employee’s testimony, and that of her co-workers and contents of medical records. The Workers' Compensation Judge also credited the testimony of the IME doctor, who, like The Judge, found the employee to be evasive. This was a significant win for the employer as the employee was pursuing a claim for very serious injuries, including alleged multi-level lumbar and cervical disc herniations and radiculopathy with a reported need for surgery. As a result of the decision, the client avoids liability for wage loss and medical benefits, which could have eclipsed six figures. The employer has no liability for penalties or reimbursement of the employee’s litigation costs.
Successfully prosecuted a termination petition in a matter involving a registered nurse, who sustained a lower back work-related injury. She was employed by a national healthcare company and was injured as the result of riding in a bus. The Workers’ Compensation Judge accepted the defendant’s argument that the nurse was fully recovered as of an initial physical medicine and rehabilitation IME. The Judge accepted that the nurse did not sustain any additional injuries to her cervical spine, and or aggravation of a pre-existing lower back condition, which was based upon diagnostic studies from both before and after the date of injury, which defendant established failed to show any substantial change in nurse’s lumbar spine. As a result of the decision, the client experienced a significant cost savings and could be eligible for a sizable recovery from the supersedeas reimbursement fund. Appeared before the Pennsylvania Commonwealth Court to argue a compelling case of first impression concerning the active clinical practice standard for physicians performing impairment rating evaluations in Pennsylvania.
|