TTH attorneys Marc Aoun and John Morgan won a high exposure Claim Petition litigation before a Greater Philadelphia Area Workers’ Compensation Judge. The Claimant alleged a work-related back injury, though he did not file his Claim Petition until more than a year after he stopped working completely. Through careful cross examination, Marc pressed the Claimant to eventually admit that he only told the Employer his back was in pain, not that he had attributed it to working. Marc presented testimony from the Employer showing that there was no notice of any work-related injury until the receipt of the Claim Petition more than a year later. Marc also presented contemporaneous medical evidence where the Claimant provided a history of back pain following a weekend trip to a different city. In the brief, John emphasized the total lack of evidence of notice that the back pain was the result of a work-related injury as showing that the Claim Petition should be denied both based on lack of notice and lack of credible evidence. The brief and evidence convinced the WCJ to deny the petition under both theories. The Claimant was a high-income earner and underwent surgery, so the potential exposure avoided could have been significant.

Questions about this case can be directed at Marc Aoun at 610.332.7006 or maoun@tthlaw.com, or John Morgan at 267.861.7580 or jmorgan@tthlaw.com.