John P. Connolly successfully defended the employer in a claim involving an altercation between a teacher and students. The Arbitrator rejected the petitioner's claim for hearing loss, additional lost time, and future medical benefits.

Petitioner, a teacher for the respondent, was involved in an altercation which resulted in her slipping and falling.  There existed ongoing disputes regarding whether the petitioner suffered from post-traumatic stress disorder and whether the petitioner had sustained hearing loss due to the altercation and fall.  After securing the evidence depositions of the treating and examining physicians, the matter proceeded to trial. 

At trial, the petitioner sought workers' compensation benefits totaling $69,685.30 representing 10 weeks of temporary total disability benefits, outstanding medical benefits, and 20% loss of use of the person as a whole.

The respondent was successful in rejecting the petitioner's request for additional medical and temporary total disability benefits and the Arbitrator awarded permanent partial disability benefits in the amount of 3% loss of use of the person as a whole, or $8,518.05.

Through the thorough investigation of the petitioner's activities and a thorough cross-examination of the petitioner's treating physician, the respondent was able to establish that there existed no objective findings in support of the petitioner's significant complaints of headaches, lightheadedness, and tinnitus.  During cross-examination, the petitioner's treating physician conceded that the petitioner's ongoing care and treatment was predicated upon her subjective complaints and that there was little in the way of objective findings in support of her alleged permanent disability.

The difference between the petitioner's demand and the award at trial amounted to a savings to the respondent/employer in the amount of $61,167.25.