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| Case Name: | S.C. v. Cranberry Ambulance |
| County: | Butler |
| Type of Petition: | Review |
| Type of Injury of Condition: | Cervical contusion/sprain |
| Date of Decision: | 4/30/2008 |
| Litigated Outcome: | WCJ granted C&R for $5,000.00 |
| Defense Expert(s): | Dr. John Shane |
| Claimant Expert(s): | None |
| Defense Counsel: | Rhonda A. Rudman |
| Remarks: Petition for Review challenging accepted claim was filed upon receipt of criminal complaint. Complaint averred Claimant driver was under the influence of alcohol at time of motor vehicle accident. We obtained report from indepenent toxicologist, Dr. Shane, that indeed level of intoxication caused motor vehicle accident and but for same injury would not have occurred. Based on this report and cross examination of Claimant, WCJ granted supersedeas. Indeed, the parties made lengthy legal arguments regarding alcohol testing, proof of intoxication and effect of Claimant refusing to answer multiple relevant questions regarding the accident. In this regard, Claimant plead the Fifth but we submitted extensive case law in support of finding that Judge should draw a negative inference from the same. C&R was negotiated after we received supersedeas for a sum well under anticipated litigation costs including cost of multiple expert testimony | |
| Anticipated Savings: Yearly benefits totaled $19,122.48. Thus, three years of benefits totaled $57,367.44. | |