Claim Dismissed in Idiopathic Injury Case
Lynn Olmert and Raffaela Wilson represented an employer against an employee claimant who sought medical and indemnity benefits in connection with a fall sustained while working as a security guard. The injuries sustained were substantial, as the claimant was paralyzed from the waist down, and the medical treatments incurred were well over $500,000. The employer/insurer denied the claim on the grounds that the claimant sustained an idiopathic fall. On February 15, 2013, the Judge ruled in favor of the employer/insurer after the hearing and denied the claim in its entirety. The claim was appealed to the Appellate Division and they upheld the decision of the ALJ in favor of the Employer/Insurer. The case is currently on appeal to the Superior Court and will likely be elevated to the Georgia Court of Appeals.