Defense Verdict Resulting in the Dismissal of a Claim Petition

March 12, 2024

Jeff Laudenbach and Brian Sumner obtained a defense verdict resulting in the dismissal of a Claim Petition arising from an alleged unwitnessed workplace injury.  Claimant alleged a cervical spine injury with immediate onset of radiating pain that resulted in a two level cervical spine disc replacement surgery.  Through factual and medical evidence, Jeff and Brian were able to establish a recent pre-existing medical history of similar complaints and inconsistent histories for the mechanism of injury.  Employer witnesses had documented communications details with Claimant surrounding the time of the alleged accident to support their testimony and the expert discovery identified additional inconsistencies in the mechanism of injury.  The documented inconsistent statements and history significantly boosted the impact of the defense testimony resulting in a favorable outcome.