Thomas, Thomas & Hafer Attorneys Marc Aoun and Joseph Shields Prevail on Penalty and Reinstatement Petitions

Thomas, Thomas & Hafer Attorney Marc Aoun recently prevailed before a Greater Philadelphia Workers’ Compensation Judge on two Penalty Petitions and two Reinstatement Petitions.  The Claimant alleged that her indemnity benefits had been issued late numerous times over the course of approximately one year and at an incorrect rate.  Claimant sought a penalty for the alleged delayed payments and an additional $10,000 penalty with respect to both Penalty Petitions due to alleged repeated violations of the Act.  Claimant also sought reinstatement of her indemnity benefits due to alleged unilateral cessation of her benefits.

While counsel for Claimant attempted to cross-examine the adjuster, Marc objected and offered the indemnity payment log in defense of the matter. Marc’s skillful cross-examination of the Claimant led the WCJ to credit the indemnity payment log over Claimant’s testimony that she received late payments.  Joseph Shields drafted the winning brief, with the WCJ agreeing that the documentary evidence revealed that Claimant received the correct amount of indemnity payments on a consistent basis for most of the time periods at issue.  The WCJ further found that Claimant’s indemnity benefits were up to date and the Defendant did not unilaterally suspend benefits as Marc was successful in obtaining a suspension of benefits before the Appeal Board in a prior dispute.  Finally, the WCJ rejected Claimant’s request for awards of unreasonable contest attorney’s fees and a penalty of $10,000 with respect to all four of Claimant’s petitions.  In sum, the WCJ denied Claimant’s Reinstatement and Penalty Petitions in their entirety, adopting the reasoning and proposed credibility findings in the brief, which Attorney Shields prepared.

Questions about this case can be directed to Marc Aoun, Esquire at 610-332-7006 or maoun@tthlaw.com, or Joseph Shields, Esquire at 570-825-7227 or jshields@tthlaw.com.