Philadelphia, PA (August 2, 2024) – Zachary M. Rubinich, a Partner in Rawle & Henderson’s Philadelphia office, successfully defended a workers’ compensation claim  after discovering and presenting evidence that the employee’s claimed injury was not work-related.

The employee, a direct support professional working with individuals with intellectual or developmental disabilities, sought recovery of workers’ compensation benefits for an alleged work-related ankle injury. The employee also unsuccessfully alleged that the employer failed to properly investigate the claim and to accept the claim as compensable.

During the discovery process, Mr. Rubinich uncovered a hospital Emergency Room physician’s note indicating that employee’s ankle injury was not a work-related injury. Mr. Rubinich also presented evidence that the employee never reported a work injury to the supervisor or manager.

Mr. Rubinich’s argument that the employee changed her story regarding the alleged date of injury and alleged mechanism of injury was found persuasive by the Judge. The Judge also accepted the testimony of the employer’s medical expert, a Board-Certified podiatrist, regarding the extent of any ankle injury.

Perhaps most importantly, the Judge relied upon surveillance videotape evidence of the employee walking for an extended period, standing, driving and climbing up and down stairs without any difficulty or distress, which directly contradicted the employee’s testimony of alleged ongoing disability from the ankle injury.

The Judge denied and dismissed both the Claim Petition and the Penalty Petition in their entirety. The Judge specifically found that the employee failed to sustain her burden of proof, based upon the evidence of record, to show that a compensable, disabling work injury had occurred. This was a very favorable result for the employer, providing a significant cost savings as no wage-loss benefits, no medical benefits, no counsel fees and no litigation costs were awarded by the Judge.

About Rawle & Henderson:  Founded in 1783, Rawle & Henderson has been recognized by the American Bar Association as the oldest law firm in continuous practice in the United States. With 10 offices in Delaware, New Jersey, New York, Pennsylvania and West Virginia, its more than 100 lawyers represent the interests of corporations, businesses, individuals and their insurers.  For more information, visit http://www.rawle.com.