Chartwell Obtains Full Disallowance in Back Injury Claim for Major Airline

Chartwell partners Angel Gomez and Marissa Huber successfully defended a workers’ compensation claim filed by a flight attendant who alleged a new back injury caused by turbulence.

Our team closely reviewed the claimant’s medical history and identified longstanding back issues predating the alleged incident. The first medical provider designated for prima facie medical evidence (PFME) failed to appear for cross-examination. A second PFME physician conceded under cross that the MRI findings were primarily degenerative and unlikely related to turbulence. A third treating physician, also relied upon by the claimant, admitted to having no knowledge of the claimant’s extensive prior treatment—undermining her opinion on causal relationship.

At the hearing, the claimant shifted tactics, arguing the injury was an aggravation. We successfully argued that the burden of proof had not been met. The judge agreed, disallowing the claim in its entirety.

Congrats to Angel Gomez and Marissa Huber on this win. It saves our client hundreds of thousands of dollars in potential medical and indemnity costs and avoids a likely six-figure settlement.