Michael Cardamone, President of Cardamone Law– a specialized Pennsylvania Workers’ Compensation law firm in Eastern and Central Pennsylvania, has secured a significant victory against a national tire company for an injured worker who sustained a work-related low back injury, resulting in payment of well over $100,000.00 in past due wage loss and medical benefits, in addition to ongoing wage loss and medical benefits, unreasonable contest fees, and litigation costs.
Cardamone’s client sustained a work-related low back injury but was able to get surgery and return to work. He then took a position at another company and had a recurrence of the injury resulting in additional surgeries. The two employers pointed the finger at each other, alleging liability on the other based on their medical expert reports. The essential dispute was whether the original injury was causing Claimant’s loss of earning power or whether he had exacerbated and therefore sustained a new injury at the post injury employer. Claimant’s physician, a Neurosurgeon from Lankenau Hospital, placed blame on the original injury and employer rather than the post injury employer. Claimant’s testimony was also consistent with this.
Litigation was extensive and expensive and mediation failed to result in a settlement. The Workers’ Compensation Judge determined Claimant’s treating physician had the most credible opinion out of the three medical experts, where they disagreed, and also found Claimant to be credible.
Parties have 20 days to file an appeal with the Workers’ Compensation Appeal Board.
For more information about Pennsylvania Workers’ Compensation cases, call Michael Cardamone at Cardamone Law (215) 206-9068 or email Michael@CardamoneLaw.com
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