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| Case Name: | E.C. v. Tim Britton Construction |
| County: | Brookville |
| Type of Petition: | Modification |
| Type of Injury of Condition: | Fractures at T7, T11, and T12 with susbsquent fusion surgery |
| Date of Decision: | 6/11/2009 |
| Litigated Outcome: | WCJ granted Modification |
| Defense Expert(s): | Thomas Muzzonigro, M.D.; Byron Maurer |
| Claimant Expert(s): | Dr. Kenneth Fugate |
| Defense Counsel: | Rhonda A. Rudman |
| Remarks: We did enter into a C&R which was approved by the Judge where if successful in litigation, Claimant would be owed 500 weeks of benefits. We then requested the Judge address the Petition for Modification based on earning power assessment on the merits. The Judge was convinced by the testimony of Dr. Muzzonigro and vocational expert, Byron Maurer that Claimant had an earning power. The Judge highlighted the concessions obtained on cross-examination of Claimant that Claimant could probably do work and was faily active in hunting and golfing. The WCJ agreed with our argument that we had met our burden of proof on a Petition for Modification. | |
| Anticipated Savings: $15,000.00 from Supersedeas Fund Reimbursement. Moreover, given a 20 year life expectancy, benefits totaling $264,886.00 were saved. | |