What’s Hot In Workers’ Comp - News and Results*
NEWS
Robert Fitzgerald (Mount Laurel, NJ) will be speaking at the New Jersey Self-Insurers’ Association’s Annual Conference on April 24, 2024, in Atlantic City, NY. Bob will join a panel of experts for “Open Mic – Ask the Experts,” where attendees can present their questions regarding workers’ compensation. For details, visit https://www.njselfinsurers.com/events/annual-conference-and-vendor-fair/.
Writing for CLM magazine, Jessica Gordon (Mount Laurel, NJ) and Michelle Leighton, AIC, partner and national claim advocacy and consulting leader at Conner Strong & Buckelew, dive into the rise of artificial intelligence and its impact on workers’ compensation claims handling. Read their article: https://lnkd.in/et-fEuEV.
RESULTS*
Tony Natale (Philadelphia, PA):
- Successfully prosecuted a Termination Petition involving an underlying head injury with post-concussion syndrome after having an epileptic seizure while driving a company vehicle. Having been diagnosed with epilepsy after the accident, the claimant could never again possess a CDL license. He, therefore, doubled down on the theory that he was totally disabled due to his work-related head injury. After having the claimant examined by a neurologist, it was determined he had fully recovered from the head injury. The claimant stood firm to the contrary and presented competing neurological testimony. When Tony cross examined the claimant, two sets of “treating doctors” were established. First, the claimant identified his “legal doctors” and then his “primary care” specialists. When the claimant was forced by motion to the court to produce his primary care specialist records, it was demonstrated that they contradicted the claimant’s “legal doctor’s” opinions. The court then issued a determination terminating the claimant’s right to all ongoing benefits.
- Successfully prosecuted a Termination Petition and defended a Review Petition involving a claimant’s fall at work, resulting in a coccyx fracture. Ultimately, radiographs showed the fracture had healed. Upon filing a termination petition, the claimant made a new allegation—that she suffered from various herniated discs in the lumbar spine caused by the fall. During the litigation, the claimant presented medical evidence on disc herniations in the back without mention of the coccyx fracture. The employer presented evidence that the coccyx fracture had recovered and the disc herniations were pre-existing and not aggravated by the work injury. At the final hearing, the claimant was forced to admit that she had no radicular complaints at the time of hearing. Hospital records proved no radicular complaints at the time of injury. During closing arguments, the claimant alleged that the coccyx fracture also involved a sacrum fracture and, therefore, a termination was improper. In actuality, the defense medical expert testified that the fracture of the coccyx extended into the sacrum but had fully recovered. The court granted the full recovery petition and dismissed the claimant’s allegation that she sustained work-related herniated discs.
*Prior Results Do Not Guarantee a Similar Outcome
What’s Hot in Workers’ Comp, Vol. 28, No. 4, April 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.