Thomas, Thomas & Hafer’s Caroline Gentilcore and Cailey Farinaro won on a Termination Petition and obtained a dismissal of the Claimant’s Review Petition. The Employer initially accepted medical and indemnity liability for the Claimant having sustained a neck sprain when she was involved in a work-related motor vehicle accident. The Employer then sought to terminate benefits while the Claimant sought to expand the description of injury to a litany of spinal diagnoses and urinary incontinence. This favorable Decision saved the carrier from being liable for extensive ongoing medical treatment with a pain management doctor, neurologist, and urologist, as well as ongoing wage loss, since the Claimant refused to return even to the sedentary job offered by the Employer.

Gentilcore’s daring decision to present the testimony not only of the Employer’s IME doctor, but also of Claimant’s treating doctor paid off by showcasing to the WCJ that Claimant was magnifying her symptoms. Both of Employer’s medical experts agreed that Claimant was fully recovered and that the work injury caused no more than a cervical sprain. Farinaro wrote the winning brief wherein she convinced the WCJ that Claimant’s medical expert’s testimony was legally incompetent, as he premised his diagnoses upon his false understanding of the mechanism of injury. In her Decision, the WCJ specifically acknowledged the key admissions that Farinaro elicited from Claimant on cross examination. Farinaro impeached Claimant’s credibility at the final hearing by proving Claimant lied during her deposition when she denied prior treatment to her spine. Claimant testified that she contacted her Employer upon receipt of a modified duty job offer letter, but Farinaro pressed Claimant into conceding that she could not actually recall doing so. The Judge found Claimant completely non-credible and terminated her benefits.

Questions about this case can be directed to Caroline Gentilcore 267.861.7596 or cgentilcore@tthlaw.com or to Cailey Farinaro 610.332.7008 or cfarinaro@tthlaw.com.