Cardamone Law Defeats SEPTA in Petition to Modify Workers’ Comp Litigation
Cardamone Law has secured a significant victory against SEPTA, in a case involving a work-related cervical injury. Claimant was a bus driver for SEPTA, sustaining a cervical injury while working several years ago. In November 2017, SEPTA’s attorney, filed a Petition to Modify, alleging Claimant had an earning power based on the experts reports of Dr. Ira Sachs, a board-certified orthopedic surgeon, and vocational expert, Michael Smychynsky, a certified rehab counselor. Attorney Michael Cardamone, owner of Cardamone Law, filed an Answer denying the allegations. The allegation, more specifically, was that Claimant could perform various jobs identified in a Labor Market Survey- lighter duty jobs that were allegedly within his physical and vocational abilities.
Over the following year, the parties presented evidence. On behalf of Claimant, Cardamone presented the expert testimony of neurosurgeon, Dr. Nirav Shah. In addition, Cardamone presented the testimony of Claimant before the Workers’ Compensation Judge. The Employer deposed Dr. Sachs and Mr. Smychynsky.
The attorneys submitted extensive Briefs in the Spring of 2018, and on October 1, 2018, the WCJ denied the Petition to Modify, finding that Claimant was unable to perform the jobs identified in the Labor Market Survey, based on the credible testimony of Claimant and Dr. Shah. The WCJ ordered that wage loss benefits continue (medical benefits were not challenged in the Petition to Modify), and reimbursement of over $6,000 in litigation costs to Cardamone Law.
The Employer made an offer prior to the case being decided, but Claimant rejected it.
“The Judge issued a fair, detailed Decision”, Cardamone stated. “He recognized that our client’s symptoms were consistent with the extent of injury estabished by the cervical MRI, his post injuries surgeries, and also noted that Claimant’s testimony before him was credible, including his appearance and behavior at the hearing.”
As a result of the favorable Decision, Cardamone’s client will continue to receive his full weekly work comp pay for the indefinite future.
Cardamone Law is a rare Workers’ Comp firm that dedicates 100% of its practice to helping injured workers.