TT&H Attorneys Jim Tinnyo and John Morgan Prevail on Termination Petition

TT&H attorney Jim Tinnyo recently won a Termination Petition in Reading. The claim was accepted by Medical Only Notice of Compensation Payable, as the Claimant had returned to work shortly after sustaining an injury. The Claimant continued to make progress and eventually was working essentially normal duty, as shown by security camera footage. However, the Claimant abruptly stopped working six months later after changing doctors and retaining counsel. An independent medical examination was promptly scheduled, and showed that the Claimant had fully recovered.

The employer filed a Termination Petition, and the Claimant filed a Claim Petition/Review Petition alleging a concussion with cervical radiculopathy and seeking ongoing total disability. Jim presented the security camera footage showing the Claimant working in a fluid, unrestricted manner, as well as surveillance footage of the Claimant performing various activities of daily living. Jim further presented testimony from the employer regarding a conversation wherein the Claimant said he wanted to, and felt capable of, returning to work, but was told not to by his doctor and attorney. Finally, Jim elicited testimony from the Claimant’s expert and treating doctor that the Claimant’s EMG was completely normal and all neurological issues had resolved. The WCJ agreed that the employer’s evidence was more credible than the Claimant’s evidence, and awarded just eight days of disability before concluding that the Claimant had fully recovered, largely adopting the reasoning in the employer’s brief prepared by John Morgan.

For questions about this case, please contact Jim Tinnyo at (717) 237-7121 or jtinnyo@tthlaw.com, or John Morgan at (267) 861-7580 or jmorgan@tthlaw.com.