Pennsylvania Work Comp Attorney, Michael W. Cardamone, of The Cardamone Law Firm represents injured workers across Pennsylvania. In July 2011, he filed a Claim Petition for a client who injured his right arm and hand in a work-related accident. The Employer, a large Philadelphia manufacturing company, denied his claim. The Petition was assigned to a Work Comp Judge and the first hearing was held in October 2011 at which Claimant testified.
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In support of his client’s case, Cardamone also deposed his client’s treating physician- an orthopedic surgeon. In opposition to the Claim Petition, the Employer’s attorney deposed a panel physician who claimed the employee could work with restrictions. The medical experts disagreed as to the nature and extent of the injury.
The Employer also presented lay testimony from two witnesses- a director of risk management, and Claimant’s supervisor. Cardamone then presented rebuttal testimony from Claimant to refute portions of the Employer witness testimony.
The evidentiary record closed in August 2012. Briefs were submitted thereafter, summarizing the facts and the law, and the Judge’s Decision was issued November 20, 2012.
Cardamone was successful in arguing to the Workers’ Compensation Judge that 1) Claimant’s testimony was credible in that he was unable to perform the work assigned to him after his initial surgery, 2) that the work assigned to him went beyond the restrictions of the Employer’s own physician, 3) that Claimant’s doctor was more credible than the panel doctor where the experts disagreed, and 4) Claimant’s testimony was more credible than the Employer’s witnesses.
The Workers’ Compensation Judge awarded wage loss benefits from March 9, 2011 to the present time and ongoing, in addition to payment for all medical treatment, 10% interest on past due wage loss benefits, and Cardamone’s litigation costs of over $5,000.00.
The case was vigorously defended (as evidenced by his 30 page written argument) by the Employer’s attorney who practices at a top defense firm in Pennsylvania.
If you need guidance with a Pennsylvania Workers’ Compensation situation, call Michael Cardamone at 215-206-9068 7 days a week or email Michael@cardamonelaw.com
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