Philadelphia, PA (February 6, 2026) Zachary M. Rubinich, a Partner in the Firm’s Philadelphia office, obtained a favorable Decision and Order from a Philadelphia Workers’ Compensation Judge granting a Petition to Terminate Compensation benefits for an injured employee. In reaching that decision, the Judge accepted the testimony of Mr. Rubinich’s defense medical expert, a well-qualified and Board-Certified Podiatrist, who opined that the injured worker fully recovered from a foot and ankle injury.

The Judge accepted Defendant’s medical expert testimony, which was based upon a physical examination. The Judge found as persuasive the lack of any positive objective findings, and only  subjective and unsubstantiated complaints by the employee. The Judge’s decision in favor of the employer was also premised on the defense expert’s extensive podiatric review of the employee’s medical records and diagnostic studies and his opinion that the employee was fully healed and recovered, did not require any further medical treatment and could return to her pre-injury job without restrictions.  The favorable decision was also premised upon the Defendant’s surveillance of the employee, which showed her walking up and down steps, walking to a vehicle, and getting in and out of that vehicle without difficulty.

Finally, the Judge rejected as incredible and unpersuasive the employee’s testimony that she did not feel fully recovered, that she was experiencing continued symptoms and that she required additional medical treatment because the employee’s testimony was inconsistent with and far less credible than the Defendant’s medical expert testimony and the surveillance evidence.

Based upon this record, the Judge determined that Mr. Rubinich met the burden of proving that the workers’ compensation benefits should be terminated because the employee was fully recovered from her work injury.  As a result of that decision, Mr. Rubinich is seeking reimbursement for his client from the Pennsylvania Supersedeas Fund for all overpayments of both indemnity benefits and medical benefits during the relevant time period.