Respondent wins when I&F proves injury occurred before accident.
Lauren Waninski recorded a win in a disputed case involving a claimant who alleged a rotator cuff tear after an altercation at work. The claimant had undergone a diagnostic study several days prior to his alleged date of injury which showed proof of a rotator cuff tear. In a trial that included physician depositions and testimony from the claimant, the Arbitrator found that the claimant failed to meet his burden of proof that an accident arose out of and in the course of his employment with the employer with respect to the alleged right shoulder injury. In defeating the claimed injury to the right shoulder, Lauren saved the employer potential trial exposure up to $47,000.00. No Petition for Review has been filed yet in this case.