Emily LaGreca and Caroline Gentilcore, TTH attorneys in our Philadelphia office, recently persuaded a Philadelphia area Judge to grant a Termination Petition, who found that Claimant was not only malingering, but also was improperly utilizing the workers’ compensation system – a system which is intended to facilitate an injured workers’ return to gainful employment and not support prolonged disability absent objective medical justification.

The facts of the case were stacked against Employer.  Claimant’s injury was a longstanding lower back injury, for which he had undergone consistent and ongoing treatment. Prior attempts to cease Claimant’s benefits were unsuccessful. Despite three years of consistent treatment, Claimant characterized his pain as the same as it was on the date of the injury.

Through their excellent legal strategy, Emily and Caroline elicited an admission from Claimant that, although he felt capable of working, and in fact, participated in a task that was part of his pre-injury job, he was not applying for jobs and was unable to provide a reason for his refusal to do so. Emily drafted a strong brief in support of the Termination Petition, specifically highlighting that Claimant’s reported symptoms have been inconsistent and varied, based on Caroline’s outstanding cross examination of the Claimant and his expert witness and presentation of persuasive medical evidence that there was no objective medical evidence to corroborate Claimant’s subjective complaints.

The Judge acknowledged these inconsistencies in Claimant’s case, which were referenced in Emily’s well-crafted brief, and found Claimant to be neither credible nor persuasive, granting the Termination Petition.

Questions on this case can be directed to Caroline Gentilcore at 267.861.7596 or cgentilcore@tthlaw.com or Emily LaGreca at 267.861.7589 or elagreca@tthlaw.com.