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

Type Of PetitionPenalties, Reinstatement, and Review; Suspension and Termination
Type of Injury or ConditionConcussion
Date of Decision10/24/2016 12:00:00 AM
Litigated OutcomeReinstatement denied, Review denied, Suspension granted, and Termination granted
Defense ExpertRichard Kasdan MD
DefendantNapa Management Services
Defense CounselJames A. Mazzotta
RemarksClaimant alleged that although she obtained a position with a new employer following her injury, which was the same position she had worked pre-injury, she was suffering a loss of earnings. She alleged that her loss of earnings was because she was an independent contractor with the new employer, and that deduction of her employment-related expenses resulted in earnings that were less than her pre-injury average weekly wage. The parties signed a Supplemental Agreement during litigation, agreeing to pay indemnity benefits for a closed period between when she was released to return to work by her physician and the date she began work for her new employer.
Anticipated SavingsOngoing disability benefits.