Workers’ Compensation Judge Grants Petition to Terminate Benefits For Zachary M. Rubinich’s Client

Published on January 15, 2024

Philadelphia PA (January 15, 2024) – Partner Zachary M. Rubinich obtained a favorable decision from a workers’ compensation judge (WCJ) granting a Petition to Terminate compensation benefits on January 10, 2024.

Mr. Rubinich successfully persuaded the WCJ to accept the testimony of Defendant’s medical expert, a Board Certified Foot & Ankle Surgeon, who testified that the Claimant had an objectively normal physical examination that did not support her ongoing subjective complaints of left foot and ankle pain.

In accepting Mr. Rubinich’s argument that the Claimant fully recovered from her left foot injury at the time of her Independent Medical Examination, the WCJ indicated that it was persuaded by the Defendant’s medical expert review and explanation of several diagnostic studies, including X-rays and MRIs, that conclusively established that the Claimant did not have evidence that would support a finding of fractures, tears or ongoing residuals from a work injury, but instead agreed with  Defendant’s medical expert testimony that the Claimant was fully recovered from the left foot injury, required no additional medical treatment and could return to her full duty, pre-injury position without restriction.

Mr. Rubinich’s successful defense included video surveillance footage of Claimant performing activities of daily living including walking without assistive devices, walking up and down stairs without difficulty, and driving a vehicle, which further supported the conclusion that Claimant was fully recovered from the work injury.

In addition, Mr. Rubinich uncovered on cross-examination that Claimant had recently returned to work with another employer, which provided persuasive evidence that Claimant’s work injury had resolved.

Based upon this favorable decision, Mr. Rubinich’s client now has the right to seek reimbursement from the Pennsylvania Supersedeas Fund for all overpayments of both indemnity benefits and medical benefits made during the relevant time period while this case was in litigation.

Iyanna C. Greene, Esquire, an Associate in the Firm’s Philadelphia office, assisted Mr. Rubinich with summary of the factual, surveillance and medical evidence as well as preparation of Defendant’s legal brief submitted to the WCJ.

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