Pearson Koutcher Law wins Claim Petition for Injured Montgomery County Utility Worker
Jonathan Koutcher of Pearson Koutcher Law won a hard fought Claim Petition for an injured worker with a lower back injury that required surgery. The case was bifurcated, where the Judge first decided whether the injured worker was actually injured while in the course and scope of his employment, and secondly where the Judge was to decide if the injuries were causally related to the work accident resulting in disability. The injured worker had been sitting in his car in a street adjacent to the employer’s parking lot where employees were instructed to park before work hours. The injured worker was waiting for a manager to arrive to open the lot when his car was struck from behind. The employer argued the injured worker was not within the course and scope of employment when injured, as the work day had not yet started and the accident did not occur on the employer’s premises. Mr. Koutcher defeated these arguments of the employer and was able to prove the injured worker was injured in the course and scope of his employment. The Judge then, after the medical phase of the case, issued a decision in favor of the injured worker that his injuries to his lower back were the result of the car accident and as such was disabled. The employer argued that the injured worker’s need for lower back surgery was the result of years of wear and tear, or degeneration, and had nothing to do with the car accident at work. Mr. Koutcher again defeated this argument of the insurance company. As a result, the injured worker received over $100,000 in back due wage loss benefits, statutory interest of approximately $12,000, reimbursement of out of pocket expenses, and the right to receive ongoing medical care for his work injuries. The injured worker, still disabled, was also awarded ongoing wage loss benefits.
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Pearson Koutcher Law
1650 Arch Street
Philadelphia, PA 19103
Bethlehem Office serving the Lehigh Valley
528 Maple Street,
Bethlehem, PA 18018