Thomas, Thomas & Hafer Attorneys Marc Aoun and John Morgan Win Total Denial of Claim Petition

TT&H Attorneys Marc Aoun and John Morgan recently prevailed before an Allentown Workers’ Compensation Judge on a Claim Petition – not just once, but twice. The Claimant initially testified in support of his claim, but failed to comply with the WCJ’s trial schedule, so his medical evidence was precluded. The WCJ rejected the Claimant’s testimony as neither credible nor persuasive and denied the claim. After the Board resurrected the claim, Claimant refiled the same petition, which was assigned to a new WCJ.

Marc presented surveillance footage of Claimant working, contrary to what Claimant wrote in the LIBC forms, which was that he had no income and had not returned to work. Marc later elicited testimony that Claimant and his wife were both attempting to work for cash under the table while simultaneously collecting disability benefits. Marc presented additional testimony from two fact witnesses and a medical doctor demonstrating that there was no work-related injury. The second WCJ likewise decisively rejected the claimant’s testimony as neither credible nor persuasive in its entirety, largely echoing the written legal arguments 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.