Attorneys obtained a defense verdict in a recent NAF hearing

Attorneys obtained a defense verdict in a recent NAF hearing. Claimant was seeking medical expenses for an EMS unit prescribed to the patient for treatment of brachial neuritis/radiculitis in the cervical and lumbar spines. Defense attorneys argued that the EMS unit and supplies for home use were not medically necessary in accordance with N.J.S.A. 39:6A-2(m). The patient had been undergoing chiropractic treatment for 5 months while simultaneously undergoing acupuncture without any benefit or relief. The treating physician then prescribed the home EMS unit without providing any contemporaneous notes to substantiate the medical necessity for the EMS unit. The DRP found that claimant had failed to meet her burden of proof with regard to medical necessity.