TT&H Attorneys Marc Aoun, Joseph Shields, and Cailey Farinaro Prevail on Claim and Penalty Petitions

Thomas, Thomas & Hafer attorney Marc Aoun recently prevailed before a Greater Philadelphia Area Workers’ Compensation Judge on a Claim and Penalty Petition. The Claimant sought payment of medical bills and ongoing wage loss relative to an MRSA infection that he alleged he sustained from being scratched by a log at work, which the Claimant testified was a common occurrence. Both testifying doctors agreed that the Claimant suffered from an MRSA infection, which must have been caused by a puncture wound.

Marc’s cross-examination of the Claimant skillfully elicited the Claimant’s admission that he could not specifically recall being punctured or scratched at work on the alleged date of incident. Marc showed Claimant pictures taken at the hospital which failed to show any puncture. In addition, after many questions, Claimant could not recall what he was actually wearing, changing his testimony. The Defendant’s expert opined that the infection and any resulting disability was not caused by anything happening at work. In addition, the Claimant fully recovered from the infection. Joseph Shields’s cross-examination of the Claimant’s treating physician, caused the doctor to begrudgingly admit that the post-incident photographs taken in the hospital did not definitively reveal a scratch. Cailey drafted the winning brief, persuasively highlighting for the Judge the Claimant’s failure to mention a puncture wound to any of his treating providers during his month-long, post-incident hospital stay. The Judge found the above significant. The Judge rejected the Claimant’s evidence in its entirety and fully credited the testimony of the Employer’s medical evidence, adopting the reasoning and proposed credibility findings in the brief, which Cailey prepared.

Questions about this case can be directed to Marc Aoun, Esquire at 610-332-7006 or maoun@tthlaw.com, Joseph Shields, Esquire at 570-825-7227 or jshields@tthlaw.com, or Cailey Farinaro, Esquire at 610-332-7008 or cfarinaro@tthlaw.com.