Philadelphia Associate Achieves Full Defense Verdict in Workers’ Compensation Matter

News

September 3, 2014

Segal McCambridge Philadelphia Associate Justin Moriconi earned a full defense verdict for his client in a workers’ compensation matter on July 28, 2014.

The case involved a truck-driver claimant who alleged that he had suffered a heart attack and multiple back and neck injuries as a result of his truck brakes failing on a highway in Colorado during a cross-country drive in August 2012. The claimant used the runaway truck ramp to stop his vehicle.  He sought medical treatment for his back and neck injuries the day after the incident, but was not treated for any heart issues until after seeing his lawyer several days later. The claimant was let go from his position at the respondent company because the incident was his second in the eight weeks since he had been hired. He filed a workers’ compensation claim based on his alleged injuries from being jostled in his truck during the incident.

Through the use of surveillance and medical experts, the defense was able to prove that there was no record of causation for the claimant’s workers’ compensation claim. The defense also challenged the claimant on his alleged average weekly wages. The claim was denied under the Pennsylvania Workers’ Compensation Act by a presiding judge not known for frequent rulings in favor of the defense. This was due to the fact that the claimant did not meet the burden of proof of causation or aggravation of a pre-existing condition from his August 2012 incident.

Justin Moriconi is an Associate in Segal McCambridge’s Philadelphia office. Mr. Moriconi tailors his services to achieve focused and effective client advocacy specific to each client’s individual issue. Businesses and individuals benefit from Mr. Moriconi's wide spectrum of pre-suit, litigation, and trial court experience.