TT&H Attorneys Marc Aoun and Danielle Vols Successfully Suspend Ongoing Wage Loss Benefits Pursuant to Claimant’s Failure to Exhibit a Good-Faith Effort to Return to Work
September 08, 2022
TT&H Attorneys Marc Aoun and Danielle Vols recently won a Modification Petition and a Suspension Petition in Allentown, Pennsylvania. The Court concluded that Employer met its burden of proof that Claimant failed to follow-up in good faith with a job offer, which was within Claimant’s residual work-related restrictions. This claim involved an accepted injury to the right wrist in the manner of a sprain with tendonitis. The Court agreed with Marc and Danielle’s argument that Claimant was offered a position within the restrictions provided by Claimant’s treating physician and that Claimant failed to respond in good faith to the position offered. The Court acknowledged the fact that Claimant was aware she could request additional accommodations if necessary, but Claimant simply did not respond.
Claimant attempted to rebut the testimony and restrictions provided by Claimant’s treating physician, claiming that he was not her treating physician. However, the Court did not agree with this proposition noting the fact that Claimant treated with him approximately every six weeks.
The Workers’ Compensation Judge found that Claimant lacked a reasonable rationale for not following through on the job offer and granted the Modification and Suspension Petitions. Accordingly, Claimant’s ongoing wage loss benefits were suspended. Danielle prepared the brief and proposed findings of fact – framing the issues and presenting the evidence – which was greatly adopted within the Court’s Decision. This result would not have been reached without Marc’s skillful and effective trial strategy and use of evidence.