TT&H Attorneys Marc Aoun and John Morgan Win Total Denial of Claim Petition

TT&H Attorneys Marc Aoun and John Morgan recently prevailed before a Harrisburg Workers’ Compensation Judge on a Claim and Penalty Petition. The Claimant started treating for neck and right shoulder complaints in early 2022, and specifically denied any work-related injury at that time. To the contrary, the Employer received a report that the Claimant had fallen from a ladder at home. Several months later, after the Employer terminated the Claimant’s husband, the Claimant started to claim that her neck and shoulder complaints were the result of working. Claimant sought more than two years of total disability benefits and medical treatment, a 50% penalty, and over $35,000.00 in quantum meruit attorney’s fees. Marc elicited testimony from 5 fact witnesses to demonstrate that there was no contemporaneous evidence that Claimant was attributing her complaints to work, calling Claimant’s alleged timeline into serious question. Marc highlight further inconsistencies in the Claimant’s story and clinical presentation during the cross examination of her medical expert.

The WCJ completely rejected the Claimant’s testimony as neither credible nor persuasive and denied the claim both on notice and factual grounds, largely adopting the reasoning in the brief prepared by John Morgan.

Questions about this matter can be directed to Marc Aoun at (610) 332-7006 or maoun@tthlaw.com, or John Morgan at (267) 861-7580 or jmorgan@tthlaw.com.