TT&H Attorney Chris Scott Wins Full Denial of Claim Petition

TT&H attorney Chris Scott recently persuaded a Lancaster Workers’ Compensation Judge to deny a Claim Petition and a Penalty Petition. The claimant asserted that he lacerated his leg when he was thrown from a pallet jack that ran over a pothole. The claimant also alleged that the employer failed to fully and promptly investigate his claim.

Following the alleged incident, the claimant testified that he told a specific coworker about the scratches on his leg and the mechanism of injury that same day. The claimant also presented what he described as photographs of the floor the day after the alleged incident to show that there were potholes. The claimant further claimed to have reported the injury in person to the claims adjuster when she was purportedly present at the job site. Chris challenged the claimant to identify which of the “potholes” in the photographs caused him to be “ejected” from the pallet jack, and the claimant was unable to do so. Chris also highlighted the inconsistencies in how the claimant described his operation of the pallet jack. Finally, Chris presented testimony from employer fact witnesses which showed that none of the individuals to whom the claimant asserted he reported his injury were present at the workplace, and the floor was in pristine condition with no potholes. The employer witnesses who testified had conducted a detailed and thorough investigation immediately after the alleged accident, which bolstered their credibility. The Workers’ Compensation Judge relied heavily on these inconsistencies in rejecting the claimant’s testimony and denying the petitions.

Questions about this case can be directed at Chris Scott at cscott@tthlaw.com or 717-237-7111.