TTH attorneys Marc Aoun, Joe Shields, and John Morgan recently prevailed before an Eastern Pennsylvania Workers’ Compensation Judge in a dispute intended to overturn a modification of benefits to partial status based on an impairment rating evaluation (IRE). Specifically, the claimant contended that he had not reached maximum medical improvement (MMI) and therefore his medical condition was not ripe for an IRE. John presented testimony from the doctor who performed the IRE, who explained in clear terms the definition of MMI and why the claimant had essentially plateaued. Joe meticulously cross examined the claimant’s medical expert on the issue, eliciting admissions that the claimant had not meaningfully improved in many months and had failed to pursue multiple procedures recommended to him for several years. Joe also highlighted the plateau in physical condition and failure to pursue treatment options during the cross examination of the claimant. The WCJ was not swayed by the claimant’s evidence or arguments, and denied his request to set aside the IRE, largely adopting the reasoning argued in the brief prepared by John.

This dispute also involved a Penalty Petition alleging failure to pay a 20% attorney’s fee on medical bills. The claimant ultimately presented no evidence in support of the petition, but at the eleventh hour attempted to rely on an “adverse inference” from the employer’s alleged failure to produce a medical payment ledger. The WCJ rejected this approach, unequivocally finding no basis for an adverse inference.

Questions about this matter can be directed at Marc Aoun at 610-332-7006 or maoun@tthlaw.com, Joseph Shields at 570-825-7227 or jshields@tthlaw.com, or John Morgan at 267-861-7580 or jmorgan@tthlaw.com.