Fried, Kane, Walters, Zuschlag and Grochmal 625 Stanwix Street, Suite 1404
Pittsburgh, PA 15222
Phone 412-261-4774
Fax 412-261-1225

CountyFayette
Type Of PetitionReview - Reinstatement
Type of Injury or Conditionlumbar sparin v. disc herniation
Date of Decision9/15/2015 12:00:00 AM
Litigated OutcomeThe WCJ denied and dismissed both the review and reinstatement petition.
Defense Expert 
DefendantCalifornia University of Pennsylvania
Defense CounselRhonda A. Rudman
RemarksWe had previously litigated against this claimant when he originally filed his claim petition. Specifically, another WCJ had denied and dismissed the claim petition. Claimant thereafter filed the instant petitions for review and reinstatement alleging both that his condition worsened and that he had a disc herniation related to work injury. We made a motion to dismiss based on the doctrines of res judicata and collateral estoppel. Specifically, we argued that claimant failed to demonstrate at his originally accepted medical only lumbar sprain had recurred or worsened. We highlighted the fact that the judge previously concluded that claimant's disc herniation was not causally related to a work injury. Although claimant was again extremely litigious and argumentative, the WCJ concluded that his medical evidence did not meet his burden of proof.
Anticipated Savings