Judge Finds Claimant's Foot Injury Was Pre-existing

Obtained a defense verdict in a workers' compensation claim petition filed against a national eye lens manufacturer. The claimant alleged a stress fracture due to overuse of the left foot while working for the employer, where she stood 10-12 hours per day. The judge found that, despite the claimant’s extensive walking and standing during her shift, her injuries were pre-existing. The judge relied on the evidence and testimony of the defendant's medical expert over that of the claimant's expert. Under cross-examination, the claimant's medical testimony was discredited since the physician's opinion was not supported by the objective diagnostic evidence or by the opinion of other treating physicians. In addition, the claimant did not report the condition as a work-related injury until after her short-term disability benefits expired. Claimant's counsel then appealed to the Workers' Compensation Appeal Board where the judge affirmed, dismissing the claim petition in its entirety.