Congratulations to Brittany Turner, Esq. on securing a full disallowance of a complex claim involving a claimed injury to the low back while providing care to a resident and a second claim to expand an already established right shoulder case to include an upper back injury. Brittany worked closely with our client to obtain video from the employer and outside surveillance, along with subpoenaing numerous medical providers to prove claimant’s active treatment outside of any alleged claims to compile a defense against the claimant. Extensive litigation ensued with testimony of the claimant, Human Resources manager, treating physicians and IME. Claimant alleged that she was caring for 40 patients herself on a particular day and had problems with a male resident that caused the injury to her lower back. The video depicted the claimant performing her regular work with nothing out of the ordinary occurring. Brittany was able to establish that the claimant’s testimony that she suffered a specific injury to the low back was incredible by presenting contrary information from the Human Resources manager and video evidence showing that the claimed incident never occurred.

With respect to the claim for the upper back, Brittany cross-examined the claimant’s treating physicians and was able to establish that the claimant had pre-existing problems with the upper and mid back and was already under treatment for inflammatory arthritis with a rheumatologist. The credible testimony of the IME demonstrated that there was no specific injury to the upper back that occurred at the time of the right shoulder injury.

The WCLJ disallowed the case for the low back and the claim for the upper back. Great work by Brittany to obtain this result on behalf of the client! 

Click here to view in Linkedin.