After two days of trial, and multiple med-legal examinations, including a Court Ordered IME, the WCJ found that the Applicant did not sustain her burden of proof that her cancer was industrially related, and Ordered the Applicant Take Nothing in her claim.
The applicant was a machine parts washer who worked for the employer from 1990 to 2012 (22 years). Her duties included working with chemicals. Additionally, the Applicant was initially diagnosed and treated for Breast Cancer in 2001. After a short absence from work to receive treatment, the applicant returned to work and was in remission. Unfortunately, her cancer returned in 2012 and the applicant filed two CT claims, one ending in 2001 and the second in 2012.
During the period of employment, there were nine different insurance carriers that were Joined as parties. Initially, the Applicant refused all efforts to settle. As a result, the defendants proceeded to develop the record. The PTP found an industrial link, but the Panel QME found the opposite. The Judge found defects in both reports and ordered an IME. The IME could not substantiate a link between the alleged chemical exposure and the cancer. The IME doctor was cross examined and did not change his opinion. The Applicant attorney filed a motion to Strike the IME report as not being substantial medical evidence.
On the Eve of final submission to the Judge, the Applicant made a settlement demand. Four of the Carriers got cold feet and accepted the Applicant’s settlement Demand and C&R’d their exposure. Colantoni, Collins, Marren, Phillips, and Tulk advised its client not to settle as the evidence was favorable to defendant and that Applicant’s demand was excessive and unreasonable given the weight of the evidence presented. This advice was followed and CCMPT, on behalf of its client, proceeded to submit the case to the Workers’ Compensation Judge for a Findings and Award.
Two months after submission, the Judge denied the Applicant’s Motion to Strike the IME, and issued his Take Nothing Order.
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