Fried, Kane, Walters, Zuschlag and Grochmal PO Box 955
Gibsonia, PA 15044-0955


CountyWestmoreland
Type Of PetitionClaim
Type of Injury or Conditionlumbar sprain v. disc herniation
Date of Decision12/17/2013 12:00:00 AM
Litigated OutcomeThe WCAB affirmed the Judge's Decision denying Claim Petition. The WCJ denied the Claim Petition regarding disability benefits and granted a termination of medical benefits.
Defense ExpertWilliam Abraham, MD and Elaine Gelb, MD
DefendantCalifornia University of PA
Defense CounselRhonda A. Rudman
RemarksThe WCAB accepted our position that substantial confident evidence affirmed the Judge's Decision. Claimant had argued that the Judge misconstrued evidence and that his counsel had proven ineffective. The Board denied both arguments. The Board highlighted the fact that the diagnosis of sprain was supported by credible medical evidence and that the claimant's history had been inconsistent and thus was reasonably rejected. Where both parties submitted medical deposition testimony, the Board did not conclude that there was ineffective assistance of counsel.
Anticipated Savings$150,000.00 for medical treatment and ongoing disability.