Successful Accident Defenses are No Accident
As we recently posted, a capable defense team, thorough claim investigation, and careful witness preparation are key to maintaining a successful defense to a disputed accident.
In another recent case brought to trial by Inman & Fitzgibbons, the petitioner, a laundry assistant, sustained a leg injury requiring the insertion of hardware after she allegedly tripped and fell over a threshold to a side entrance of the respondent’s facility. At issue was $50,485.96 in medical expenses and 47 weeks of temporary total disability benefits. Also at issue were the medical expenses and temporary total disability benefits associated with a recommendation for future surgery that involved the removal of the petitioner’s hardware and insertion of additional hardware. Since the petitioner had not been released to return to work for 47 weeks and the additional recommended surgery, it appeared highly likely that the petitioner would eventually claim that she was permanently and totally disabled.
Our investigation identified an eyewitness as well as an “after-the-fact witness”. At trial the eyewitness testified at hearing that the petitioner had not tripped over the threshold as alleged. Our second witness testified that the petitioner had not stated that she had tripped over the threshold. The Arbitrator found that both of the witnesses presented by respondent were credible and, accordingly, held that the petitioner had not sustained an accident that arose out of her employment and denied the petitioner’s claim for benefits.
Congratulations to Leo Plucinsky for the excellent result. We welcome the opportunity to pursue similar results for all of our clients. If you are an employer, insurer, or third-party administrator and have any questions about the services we provide, please contact us.