Heyl Royster

Antonacci Received Favorable Decision in Recent Work Comp Claim Case

Posted on July 8, 2024 at 9:00 AM by Brad Antonacci

Brad Antonacci received a favorable decision in a recent work comp claim case. The petitioner, a warehouse manager, claimed to have injured his right knee after falling out of a delivery truck. However, he continued to work full-time without seeking medical treatment for over four months. The petitioner testified that he verbally reported the injury to his supervisor on the day of the accident, but the supervisor testified that he only learned about the alleged knee injury four months later after noticing the petitioner limping. The petitioner also didn't report the accident to his primary care physician and received unrelated medical treatment shortly after the accident.

The petitioner obtained work restrictions and underwent conservative care, including knee injections, and his orthopedic surgeons eventually recommended surgery. However, the Respondent's Independent Medical Examination (IME) physician diagnosed the petitioner with preexisting knee arthritis not related to the work accident.

The case proceeded to trial. The arbitrator denied all benefits, ruling that the petitioner failed to prove that the injury arose out of and in the course of his employment, basing the decision on the petitioner's lack of credibility as a witness, the absence of reported knee injury or symptoms in the primary care physician's records, and the petitioner's delay in reporting the accident.

This case highlights the significance of early fact investigation in disputing accidents. Meeting with the supervisor early and obtaining documentation regarding the accident reporting policy was crucial in defending the case. Subpoenaing the petitioner's primary care physician's records also played a key role in discrediting the petitioner's claim and ultimately leading to the denial of all benefits. Brad's successful defense resulted in saving our client over $100,000.00.

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