Michael Cardamone of The Cardamone Law Firm, known as MyPhilly WorkersComp, has won a Supersedeas Decision for an injured worker in Berks County who sustained a work-related low back injury. The insurer attempted to cut off her wage loss checks by submitting an Independent (defense) Medical Report claiming Cardamone’s client was recovered from her work injury.
To refute the allegation of a full recovery, Cardamone secured an Affidavit on behalf of his client, confirming that his client is not recovered, is still treating, and has limitations pursuant to a Functional Capacity Exam. Cardamone presented persuasive medical records to underscore his client’s credibility.
The Workers’ Compensation Judge denied the insurer’s request for Supersedeas. Supersedeas is the insurer’s request to stop or reduce the indemnity benefits at the outset of litigation. As such, the wage loss checks must keep coming as the parties take depositions and get into what’s called the “merits” of the case. The litigation can take up to 1 year so a victory at the initial Supersedeas stage is critical.
For more information about how Supersedeas workers in a Pennsylvania Workers’ Compensation case, call Certified Specialist Michael Cardamone directly at (215) 206-9068 or email Michael@CardamoneLaw.com for a free analysis and consult.
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