03/08/2013

Attorney Smith Wins Termination and Suspension Petitions

Michael W. Smith, a partner in out Pittsburgh office, recently obtained a favorable Decision on Termination and Suspension Petitions on behalf of a small municipality in Allegheny County. In addition to convincing the judge that Claimant had fully recovered from the accepted work injury, Mr. Smith successfully fended off a claim for partial disability benefits via an "economic downsizing" argument. Specifically, Mr. Smith argued that even though Claimant suffered a wage loss, it was not attributable to his work injury because he was released by his treating physician to return to regular work without restriction. Instead, Mr. Smith argued that the only reason Claimant suffered a wage loss was due to the elimination of his full-time position once the municipality failed to receive federal grant money upon which the position was dependent. In prevailing on these petitions, Mr. Smith saved our client approximately $100,000.00 in potential exposure.