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/.
RESULTS*
Michael Sebastian (Scranton, PA) successfully defended a Claim Petition alleging a low back injury with a normal MRI and a positive EMG for radiculopathy. The claimant’s expert testified that the injury consisted of low back pain with left leg radiculopathy, most likely at L4-5 and possible at L5-S1. During cross examination, this expert agreed that the claimant recovered from the lumbar strain. Our defense expert initially issued a report, finding that, based upon the EMG, the claimant sustained a lumbar strain with radiculopathy even though the MRI was normal. Michael retained Dr. Noble, who is board certified in EMG studies, review the EMG report. He opined that one cannot diagnosis radiculopathy based upon the non-specific findings in the EMG and the findings supporting four levels of radiculopathy is impossible. Dr. Noble also disagreed with the claimant’s expert that the claimant suffered a traction injury. Based upon Dr. Noble’s report, the defense expert changed his opinion, indicating that the claimant only sustained a lumbar strain and had fully recovered from the work injury. The judge found our expert credible, awarded limited indemnity benefits and terminated the claimant’s benefits.
Rachel Ramsay-Lowe (Roseland, NJ) filed a successful motion to dismiss for lack of jurisdiction for a medical provider application. Rachel established that the medical provider was paid in accordance with the New York Fee Schedule, and she provided a court order from the New York workers compensation board indicating that the bill must be paid in accordance with the New York Medical Fee schedule. Rachel argued that the court must honor the order from another state based on the full faith and credit clause since the order does not conflict with New Jersey workers’ compensation law and the matter was already decided by another jurisdiction.
Michele Punturi (Philadelphia, PA) successfully prosecuted a Termination Petition for a delivery truck service company involving a low back injury. Michele’s evidence consisted of the cross-examination of the claimant and the testimony of a Board Certified orthopedic surgeon who obtained an extensive history from the claimant, reviewed medical records and diagnostic study films, including an MRI of the lumbar spine, as well as completed a comprehensive physical examination. The defense expert opined the MRI failed to reveal any acute or post-traumatic findings, that the claimant only sustained soft tissue lumbar sprain/contusion and the exam revealed no objective findings. The judge found the defense expert opinions were well supported and terminated all liability.
*Prior Results Do Not Guarantee a Similar Outcome
What’s Hot in Workers’ Comp, Vol. 28, No. 3, March 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.