J.P. DeMarco, an associate in Chartwell’s Valley Forge office, recently obtained a defense verdict, saving his client over $500,000. Based on Mr. DeMarco’s defense, the Judge denied the entire claim, which included potential ongoing indemnity, medical benefits, liability for a large six-figure outstanding medical lien and a potential MSA set-aside amounting to hundreds of thousands of dollars.
The case was a complicated matter involving a claimant with significant pre-existing medical issues, who alleged a lumbar spine injury as a result of an unwitnessed work incident. The claimant’s lumbar condition ultimately required him to undergo fusion surgery which uncovered an infectious process in his back. Additionally, the claimant’s private health insurance carrier was seeking reimbursement in excess of $375,000 for treatment related to the alleged work injury. Claimant’s counsel, a well known Philadelphia law firm, presented medical evidence from the claimant’s treating physician.
Chartwell did not dispute the presence of a significant medical condition involving the claimant’s spine. However, Mr. DeMarco succeeded in showing that the condition was not work-related. By presenting expert medical testimony from both an orthopedic surgeon and an infectious disease specialist, Mr. DeMarco convinced the judge that the claimant’s serious medical condition could not have been related to his work activities.
Mr. DeMarco’s introduction of a second expert, an infectious disease specialist, in a case that would typically call for just an orthopedic specialist, shows Chartwell’s willingness to "go the extra mile” in order to achieve our clients’ desired results.
Chartwell’s Workers' Compensation attorneys handle complex matters in several states.