TOM VECCHIO PREVAILS ON OLD LAW CLAIM
TOM VECCHIO PREVAILS ON OLD LAW CLAIM FOR
PSYCHIATRIC CARE AND TREATMENT AND TT/TP
Attorney Tom Vecchio recently prevailed on a Lakeland case where a claimant, injured in 1996, sought both psychiatric care and treatment and entitlement to TT/TP. The evidence showed that the claimant was capable of working within her restrictions and limitations for 10 years after her 1996 accident. The evidence also showed that the claimant left work in 2006 for personal psychiatric problems that were unrelated to the industrial accident. The Judge therefore denied TT/TP.
The claimant’s psychiatric claim was very complex. The claimant had a lengthy history of psychiatric problems unrelated to her accident, but the claimant’s IME physician testified at trial that her psychiatric problems were worsened by residuals of her accident. The claimant had a legitimate diagnosis of RSD related to the accident.
Mr. Vecchio was able to convince the Judge that there were no psychiatric injuries or restrictions related to the 1996 accident, and that the claimant’s psychiatric problems were completely related to personal issues.
Prevailing on the psychiatric claim was essential. If the claimant was successful in proving compensability of a psychiatric condition, she would have clearly filed a claim for PTD. By prevailing on the psychiatric claim, Mr. Vecchio was successful in structuring the case so that a future PTD claim will fail as a matter of law.
