New Jersey Attorney Prevails in Pennsylvania Workers’ Compensation Case

Cherry Hill Attorney Rachel M. Planas recently prevailed in a workers’ compensation case on behalf of our construction-specific staffing client in the Pennsylvania Department of Labor & Industry, Bureau of Workers’ Compensation, Philadelphia Office of Adjudication.

In July 2022, our client’s employee was completing spirometry testing while at work when they fainted and fell to the floor. As a result of the fall, Claimant initially reported a left elbow injury and later alleged a left shoulder injury, and was placed on leave. As treatment progressed, Claimant alleged an additional cervical spine injury. Then, Claimant relocated to Wisconsin where they resided and continued to receive ongoing workers’ compensation temporary total disability (TTD) benefits and medical benefits. In response, our attorney, Rachel Planas, filed a Termination Petition and an Employer Review Petition to establish that Claimant had only suffered a left shoulder strain and was fully recovered from their work injury. As litigation progressed, Claimant later alleged that they also suffered left-sided thoracic outlet syndrome as a result of their work injury.

During trial, Rachel Planas was able to discredit Claimant and their treating physician by submitting into evidence a prior Independent Medical Examination (IME) report that confirmed Claimant’s pre-existing condition of thoracic outlet syndrome and other medical evidence proving that Claimant did not suffer a cervical spine injury. The Commonwealth found that Claimant’s work-related injury was restricted to a left shoulder strain, and that they did not suffer an aggravation of thoracic outlet syndrome, nor a cervical spine injury as a result of this work accident. The Commonwealth determined that any ongoing disability and need for treatment is not causally related to the work injury, but instead was Claimant’s pre-existing, non-work-related conditions.

The Commonwealth agreed with our attorney and granted our client’s Termination Petition and Employer Review Petition. The Commonwealth also terminated all related workers’ compensation benefits, including TTD and medical benefits on the basis that Claimant had fully recovered from this work injury. As permitted by the Commonwealth, our client then sought reimbursement from the Supersedeas Fund for retroactive recovery of all benefits paid since our Termination Petition was filed.

Rachel has more than ten years of experience representing employers in the areas of Pennsylvania and New Jersey workers’ compensation law. She has defended cases on behalf of all types of employers, including construction companies, manufacturers, private employers, large corporations, governmental entities, healthcare systems and teaching institutions that are insured or self-insured.