Thomas, Thomas & Hafer Attorney Jamie DeSisto Obtains Favorable Workers’ Compensation Decision in Virginia

Thomas, Thomas & Hafer Attorney Jamie DeSisto recently prevailed before a Workers’ Compensation Judge in Fairfax, Virginia on a Change of Condition Petition.

Claimant filed a claim for injury to the neck and left shoulder which was contested by the Employer.   Via prior Order after a hearing on compensability, the injury was determined to be compensable.   Prior to the first hearing, Claimant was aware that he was having problems with his back and had treated with a doctor for same.  He did not raise the back as an alleged compensable body part at the time of the first hearing.  More than a year later, and before the expiration of the 2-year statute of limitations, Claimant filed to amend the claim to add the back to the case, seeking payment of further indemnity benefits and coverage for treatment to the back anticipated to lead to back surgery.

Employer contested on the basis that (1) the claim was barred by the doctrine of res judicata (claim could and should have been raised at the first hearing); and (2) the back condition is not causally related, nor was the back injured at the time of the compensable injury by accident.

The defense prevailed through use of medical records, cross examination which impacted the credibility of the Claimant’s testimony, and expert opinion to establish that Claimant failed to mention the back until 4 months after the accident.

For more information on this case, contact Jamie DeSisto at 443-641-0558 or jdesisto@tthlaw.com.