Successful Defense of a Local School District and Its Board Members in a Lawsuit Filed in Pennsylvania Commonwealth Court

We successfully defended a local school district and its board members in a lawsuit filed in Pennsylvania Commonwealth Court. The petitioner is a resident of the school district and a former school board member. At its December 2021 reorganization meeting, the school board voted to appoint a new school district solicitor. The petitioner attempted to make public comment and object to the school board's appointment of the solicitor, but he was not permitted to do so.

Regardless of whether a second opinion is reasonable or medically necessary, if a referral is made, it must be acknowledged within the applicable three or ten-day period or the defense of medical necessity is waived.

The claimant sought authorization of a second opinion, as recommended by the treating physician. The claimant conceded that the doctor ultimately testified that the second opinion was not medically necessary. What’s Hot in Workers’ Comp, Vol. 27, No.