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

Type Of PetitionClaim
Type of Injury or ConditionDisc herniation v. lumbar strain & alleged right elbow injury requiring surgery.
Date of Decision11/13/2014 12:00:00 AM
Litigated OutcomeClaimant's Claim Petition was denied and dismissed in its entirety.
Defense ExpertRichard Kasdan, MD
DefendantRestoration Maagement Services
Defense CounselRhonda A. Rudman
RemarksWCJ Cercone denied the Claim Petition by way of Decision circulated on 7/24/2012. WCAB dismissed Claimant's Appeal on 11/13/2014. The instant litigation was highly contentious and the parties were not able to reach amicable resolution where the claimant wanted over $1,000.000.00 to settle. Accordingly, we presented testimony from multiple employer witnesses as well as employer paperwork, including emails to document various conversations with the Claimant following his work injury in contradiction to his testimony on direct exam. The WCJ accepted the testimony of the employer witnesses and found Claimant to be not credible where he would often respond to our questions stating "I don't recall." Additionally, the Judge accepted the testimony of our medical expert, Dr. Richard Kasdan, as credible and persuasive and rejected the testimony of Claimant's expert. WCJ Cercone explained that Dr. Kasdan very thoroughly and convincingly explained and supported basis for his opinion that "at most" the Claimant had a soft tissue strain from which he had fully recovered. Although Claimant filed an appeal and argued that Dr. Kasdan's opinion was not sufficient to contradict that of Claimant's medical expert that he had sustained a soft tissue strain with disc involvement, the WCAB disagreed and affirmed the Judge's Decision.
Anticipated SavingsOver $1,729,917.80 considering yearly benefits of $21,970.00 over life expectancy of 18.74 years. Moreover, there was extensive exposure for medical treatment where claimant was undergoing extensive pain management with copious narcotic medications.