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Notable Win: Denial of Petitioner’s Motion for Medical and Temporary Benefits

July 10, 2024
By Capehart Scatchard

Client: Lowe’s 

Court: Workers’ Compensation

Trial/Brief Attorney: Michelle L. Duffield, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Magalies Velez v. Lowe’s 

Petitioner filed a Motion for Medical and Temporary Benefits seeking treatment for her back and alleged hernia.  Respondent denied any need for treatment based on expert reports from Dr. William Mitchell in connection with petitioner’s back allegations and Dr. Adam Sobel in connection with petitioner’s hernia allegations.  Petitioner relied on her expert, Dr. David Weiss, as he found Petitioner was in need of treatment for both her back and hernia. After a full Trial with testimony from all three experts, the Judge found Respondent’s experts to be more credible and questioned the veracity of the petitioner as she had failed to disclose a prior thoracic spine condition along with degenerative joint disease and a prior diagnosis of fibromyalgia.

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