TT&H Attorneys Jim Tinnyo and John Morgan Win Denial of Claim Petition

TT&H attorney Jim Tinnyo recently obtained an outright denial of a Claim Petition in Lancaster. The Claimant filed a Claim Petition alleging a work-related injury five months earlier. While there were medical records documenting low back pain in that timeframe, the records showed that the Claimant reported no injury or attributed the pain to getting out of bed. Similarly, the Claimant admitted that he did not initially tell the employer that he hurt his back at work, which was corroborated by two employer witnesses.

Attorney Tinnyo successfully showed that the outcome of the claim depended entirely on the Claimant’s credibility, and then highlighted several key inconsistent statements which called into question whether a work injury had ever occurred. The potential exposure was significant, and included ongoing wage loss along with a low back surgery. The WCJ found that the Claimant was not credible with respect to the occurrence of a work-related injury, largely adopting the reasoning argued by John Morgan in the employer’s brief and proposed findings.

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.