Client: Meridian Rehab/ Zurich American Insurance Company
Court: Appellate Division
Trial Attorney: Carla P. Aldarelli, Esq.
Brief Attorney: Maura Burk, Esq.
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After a full five-day trial and testimony on petitioner’s Motion for Medical and/or Temporary Disability Benefits seeking left knee treatment, the Workers’ Compensation Judge denied petitioner’s Motion for Medical and/or Temporary Disability Benefits, finding for Respondent and finding that Respondent’s medical expert was more credible than petitioner’s medical expert. The Court concluded that petitioner failed to establish that any need for treatment to her left knee was work related.
Petitioner then appealed the Workers Compensation Court’s finding.
The Appellate Division affirmed the denial of the Motion for Medical and/or Temporary Disability Benefits, finding that the Workers’ Compensation Judge properly concluded that petitioner was not entitled to additional treatment to her left knee because her current condition was not caused by a work-related incident. The Appellate decision noted that there was ample evidence presented at the workers’ compensation level to support the Judge’s conclusion that petitioner’s current left knee condition was not related to her work injury.
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