How an Injured Construction Worker’s Persuasive Expert Helped Give the Worker a Successful Outcome in His Pennsylvania Workers’ Compensation Case
In any type of case, it obviously helps if you have evidence that is both very believable and persuasive. This includes the expert witnesses who give testimony in your case. Helping you in putting together a workers’ compensation case that is both compelling and convincing is one of the key benefits of working with a knowledgeable Pennsylvania workers’ compensation attorney.
An example of this in action was the case of Andrew, a man who did drywall, ceiling, and concrete work. One day in 2014, Andrew was hurt unloading plastic corrugated pipe. Even though Andrew was wearing a hard hat, when the pipe hit his head, he felt a burning sensation “like a torch” on the back of his neck.
A few weeks later, still experiencing ongoing pain, Andrew went to his doctor. Eventually, Andrew saw a specialist who did an MRI and found two spinal problems – a herniated disc and a bulging disc. These two issues were a result of the pipe smacking Andrew in the head, in the doctor’s opinion.
Andrew filed a claim for workers’ compensation benefits. When you decide to pursue a workers’ comp claim, the chances are that the other side will oppose your case aggressively. They will likely come prepared with skilled counsel and experts of their own. In the hearing on Andrew’s injury, the employer presented the expert testimony of a board-certified orthopedic surgeon. The employer’s expert testified that more documentation was needed to identify a cause of disc problems with “medical certainty,” but being hit in the head with a large pipe could cause a disc herniation.
Andrew, on his side, had the doctor who had diagnosed the two disc problems and concluded that they were a result of the workplace accident.
When you go before a workers’ compensation judge, it is important to make sure that your testimony, as well as that of your experts, is credible (in other words, believable and persuasive) to the judge. Andrew had that in his case, and the judge decided that he was entitled to benefits. Obtaining a favorable decision from a workers’ compensation judge is a very important step, but it may not be the last one. In Andrew’s claim, the employer took the case all the way to the Commonwealth Court. That court upheld what the judge decided (in Andrew’s favor). The Commonwealth Court, as opposed to what the employer argued, decided that the workers’ compensation judge had ample evidence before her from which she could reasonably conclude that Andrew had proven that he’d suffered a workplace injury.
Again, it came back to the testimony that Andrew presented in the original hearing. His expert (the specialist who ordered the MRI and diagnosed the disc problems) gave testimony that was viewed as especially believable. When you are able to present the judge with highly persuasive expert testimony, you have greatly strengthened your case.
If you’ve been hurt at work, you need skilled counsel who can help you put together a persuasive case. The diligent Pennsylvania workers’ compensation attorneys at Needle Law Firm are here to help you at every point in the process. We have been providing knowledgeable representation and personalized attention to our clients for many years and are here to put our skills to work for you.
Contact us today for a free, no-obligation consultation by calling 570-344-1266.