Filadelfo Antunez v. Brennan Masonry

We were able to convince the arbitrator that the petitioner’s ongoing complaints of pain were not credible and that he was not in need of any additional medical care or temporary total disability benefits as a result of an admitted accident. The petitioner was working on a two-story wall when a storm arose causing the cinderblock wall to fall on him and coworkers. He missed one week of work which was paid by the employer and then came back and worked a few days before going back out of work, seeking counsel and seeking medical care. He claimed several months of temporary total disability benefits as well as the need for ongoing extensive care including a surgical recommendation.

We were able to establish that the petitioner sought care with a doctor to whom he was referred by his attorney. Additionally, we had a spine specialist examine the individual and opined that the petitioner was not in need of anything further and had suffered nothing more than a sprain. We noted negative objective testing as well as inconsistent reports by the petitioner. In the proposed decision to the arbitrator we prepared a lengthy recitation of the migrating pain complaints that had been made by the petitioner and we contrasted that with video surveillance of the petitioner washing his car at a car wash doing many of the activities he was claiming he was unable to perform. Although we admitted the accident took place and that the petitioner had an injury, we significantly reduced the value of that claim by cutting off medical with a good solid spine independent medical exam and a thorough investigation of the complaints the petitioner was making to his own doctors in contrast to the activity shown on the surveillance. After the 19b Petition was denied, the parties were able to resolve the matter on the basis of a lumbar strain for permanency.