TT&H Attorneys Mark Powell and Louis Long Prevail on Complex Regional Pain Syndrome Issue Before Commonwealth Court
March 09, 2023
TTH Attorneys Mark Powell and Louis Long successfully persuaded the Commonwealth Court to affirm a decision confining a work-related injury to a minor contusion which fully resolved in less than seven months. The Claimant alleged that the injury was far more extensive, including aggravation of pre-existing conditions, a right brachial plexus injury, and complex regional pain syndrome.
During discovery, it was revealed that Claimant had complained of identical symptoms just two years earlier following another work-related injury, and had resolved the prior claim without a determination that he had fully recovered. Claimant nonetheless denied ever having similar issues in the past both to his treating doctor and under oath. The WCJ found the testimony of Claimant and his medical expert to lack credibility, and significantly limited the nature and duration of the injury.
The Board, and now the Commonwealth Court, have each affirmed that the WCJ’s Decision was reasoned and supported by substantial competent evidence. John Morgan wrote the briefs before the WCJ and the Board, and Louis Long prepared the brief to the Commonwealth Court.
Questions about this case can be submitted to Mark Powell at mpowell@tthlaw.com or 717-255-7645, Louis Long at llong@tthlaw.com or 412-926-1424, or John Morgan at jmorgan@tthlaw.com or 267-861-7580.