Client: County of Cape May and Inservco
Trial Attorney: Michael L. Bileci, Esq.
In Claim Petition No. 2014-14853, petitioner, a CNA, alleged that occupational exposure due to constant and repetitive work from January 7, 2013 until February 14, 2014 caused injury to her lumbar spine. Respondent denied this claim and petitioner filed a Motion for Medical Treatment. Trial began before Judge French in Atlantic City with testimony of the petitioner who denied a prior history of lumbar complaints. Subsequent to the petitioner’s testimony respondent secured prior accident records that included a positive MRI of the lumbar spine and pain management treatment records that included epidural steroid injections. This was directly contrary to what the petitioner claimed during her testimony. Based upon the prior treatment records directly contradicting the petitioner’s testimony, the judge dismissed the Motion for Medical Treatment and the Claim Petition was subsequently dismissed.