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

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

TT&H attorney Marc Aoun recently prevailed before a Greater Philadelphia Area Workers’ Compensation Judge on a contested Claim Petition. The claimant earned hundreds of thousands of dollars as a high-ranking executive. She alleged neck pain from working long hours at a computer, shortly before she was terminated and paid severance. Claimant then obtained new employment in a substantially similar role, where she still earned hundreds of thousands of dollars, albeit at a lower base salary than before. The claimant sought partial disability at the maximum compensation rate due to the difference in her salaries.

Marc’s grueling cross examination of the claimant highlighted her evasiveness and defensiveness. The claimant repeatedly denied that she had a history of cervical pain and upper extremity radicular symptoms, often even after confronted with the medical records. At one point, Claimant even showed her hand by stating that unless Marc had a medical report of the particular treatment, she did not remember it. Marc also pointed out that Claimant’s new job required her to work the same long hours as her old job. The WCJ concluded that Claimant was not credible in her claim that she sustained a work injury, largely adopting the reasoning and arguments set forth in the brief prepared by John Morgan.

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