Jury Reverses Commission in F&P Case Victory

On July 9, 2019, F&P attorney Tony Troese received a favorable verdict in Harvey Fansler v. JDN Associates.  In July of 2016, the claimant suffered a neck and shoulder injury when he was involved in a motor vehicle accident. At a hearing, the Workers’ Compensation Commission found 6% whole person permanent partial disability with 4% permanent partial disability causally related to the accident (2% neck, 2% left shoulder).  The matter was appealed by the claimant and went to a jury trial in front of the Honorable Judge Jonathan Newell at the Circuit Court for Caroline County in Denton, Maryland.  After a one day trial, the jury deliberated for 20 minutes and came back with a verdict reversing the Commission finding in favor of the employer.  Specifically, the jury found the claimant was 0% permanently and partially disabled for the neck, 0% for the left shoulder, and 0% pre-existing. The excellent result affirmed the defense’s position that there was no permanent injury resulting from the accident, saving the small business employer from increased premiums and saving the insurer from costs associated with attorney’s fees and exposure for future worsening of condition.