Philadelphia, PA (August 4, 2025) – Zachary M. Rubinich, a partner in Rawle & Henderson’s Philadelphia office, obtained a very favorable Decision and Order from a Pennsylvania Workers’ Compensation Judge denying and dismissing a Claim Petition in its entirety for his client, a national trucking company.   

The case involved an employee seeking workers’ compensation benefits for an alleged shoulder injury that he claimed occurred at his workplace. In opposition to this Claim Petition, Mr. Rubinich presented three employer rebuttal fact witnesses. The three witnesses testified that the employee had pre-existing shoulder problems, had previously suffered a non-work related shoulder injury playing rugby, and sought personal medical leave from the Company before reporting this alleged work injury. The Judge found the testimony to be credible and persuasive.

The Judge also found Mr. Rubinich’s medical expert, a Board-Certified orthopedic surgeon who focuses on shoulder injuries, to be fully credible and persuasive. The surgeon testified that, based upon the alleged mechanism of the injury, his review of the medical records and performance of a thorough physical examination, the employee could not and did not suffer any work-related injuries to his shoulder at his place of employment. The Judge rejected as incredible and unpersuasive the testimony of the employee’s medical expert.

This decision significantly held that Mr. Rubinich’s client was not responsible for payment of any temporary total disability benefits, medical benefits including the cost of shoulder surgery and post-operative rehabilitation treatment, counsel fees or litigation costs.

About Rawle & Henderson LLP:  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 offices in Delaware, New Jersey, New York, Pennsylvania and West Virginia, its lawyers represent the interests of corporations, businesses, individuals and their insurers.  For more information, visit http://www.rawle.com