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.