Case Summary

Workers Compensation

A CNA who suffered a shoulder strain in November of 2022 was evaluated and given restrictions. After notifying the employer nursing home of her restrictions, she was advised that no work was available. However, the employer did not, pursuant to the Act, accept or reject the injury within 21 days from when the injury was suffered and the claim reported. Attorneys at Schemery Zicolello filed a Claim Petition on Claimant’s behalf 60 days after the injury occurred. Throughout the course of litigation, the employer failed to provide copies of the Claimant’s employment file, the adjuster’s file and continued to claim that the injury was not work related despite Claimant’s having timely reported the injury and despite the fact that a panel physician found that Claimant had restrictions related to the work injury. In the midst of litigation, the employer/workers’ compensation carrier expressed an interest in mediation. The mediation was conducted and resulted in a payment of $60,000.00 to the injured worker of which $11,000.00 represented attorney’s fees based on the employer having denied the claim without a reasonable basis.