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

TT&H attorney Jim Tinnyo recently prevailed in defending a Claim Petition before a Workers’ Compensation Judge in Harrisburg. The Claimant alleged that she sustained post-concussive syndrome, post-traumatic headaches, cervical sprain/strain, visual disturbances, convergence insufficiency, impaired ocular smooth pursuit, and blurry vision, after being struck by a young student. The employer immediately issued a denial, but inadvertently continued the Claimant’s salary, prompting an argument that the employer had admitted liability for the work injury. Through cross examination and the presentation of three medical witnesses, Attorney Tinnyo showed that the bulk of the Claimant’s symptoms were subjective and volitional in nature, and had no objective medical explanation.  Attorney Tinnyo further demonstrated several instances where the Claimant exhibited normal behavior while doctors were not overtly examining her. Finally, Attorney Tinnyo presented a witness from the employer who testified that the continuation of the Claimant’s salary was due solely to a miscommunication with the payroll office and was not intended to serve as compensation for work-related disability. In the employer’s brief to the Judge, John Morgan argued that the Claimant and her medical expert were not credible, and the issuance of a Notice of Compensation Denial meant that the inadvertent continuation of salary due solely to an oversight did not impute liability to the employer. The Judge agreed, and denied the Claim Petition in its entirety.

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.