Court Orders Calculation of Fees for Expert Witness Whose Testimony Was Disregarded

A divided Pennsylvania Commonwealth Court directed the Workers’ Compensation Appeal Board to calculate a reasonable award to reimburse an injured worker for the costs of deposing an expert witness as part of a successful defense of an effort to close her claim. “Although the (workers’ compensation judge) rejected Dr. (Samuel) Grodofsky’s testimony in its entirety as not credible, the fact remains that certain portions of his testimony were related to the ‘matter at issue’ — the termination petition — in which claimant prevailed,” the court...