Teresa Radzik v. ABM Janitorial Services

The petitioner alleged that on January 2, 2002, she had an accident arising out of and in the course of her employment with the respondent that injured her back. Except for a short period immediately following the accident, the petitioner has not worked since the incident. The case went to trial before Arbitrator Lammie, and Arbitrator Lammie found that the petitioner's present condition of ill-being is not causally related to the injury. He specifically found that the petitioner's testimony was not credible. She admitted seeing a doctor shortly before the alleged incident, which she had previously denied. The petitioner was seen by Avi Bernstein on behalf of the petitioner, who found that her back problems were causally connected to the June 2, 2002, accident. However, it was brought out that the petitioner had not told him about her prior back problems, and he based his opinion on the fact that the pain started on January 2, 2002. Dr. Alexander Ghanayem also testified, and he testified that the January 2, 2002, incident is irrelevant. He testified that the petitioner's condition was virtually the same before and after the alleged incident. The arbitrator found Dr. Ghanayem to be the only one who directly compared the petitioner's prior problems and findings with her condition after the alleged accident. He also considered all the records and reports that dispute the petitioner's allegations. The arbitrator found the opinions of Dr. Ghanayem to be persuasive and credible, and he adopted those opinions.

The petitioner claimed almost eight years of temporary total disability benefits, and over $100,000.00 in medical benefits.

-Attorney Mark F. Vizza