David G. Greene
Partner, Co-Chair of the Pennsylvania Workers' Compensation Group
Successfully prosecuted a termination petition and obtained a termination of benefits. In that matter, the claimant sustained a groin injury and underwent surgery, although, continued to have ongoing complaints and pursued medical treatment. The WCJ opted to terminate compensation in accordance with an IME opinion of full recovery. In this regard, the WCJ found the IME physician to be more knowledgeable and informed in terms of claimant’s condition as compared to claimant’s medical expert, who recently commenced treatment. The WCJ specifically took note that IME physician reviewed more of claimant’s medical records, was more familiar with the medical history, treatment and details regarding claimant’s work injury and employment history. Most crucial was the fact the WCJ was persuaded by IME physician’s explanation for the claimant’s ongoing complaints, which he attributed to an unrelated urological condition, something discounted by claimant’s treating physiatrist. As a result of the decision, the client is able to avoid liability for claimant’s ongoing medical treatment, including medications, and is not responsible for reimbursement of counsel’s litigation costs which total nearly $3,000. Once the decision is final, the client will be able to pursue a sizable supersedeas reimbursement sum for medical benefits paid out over the last year.
Successfully prosecuted a termination petition for a large trucking company where the employee, with a significant pre-existing condition, sustained an aggravation of the pre-injury condition while working. When the IME doctor originally did not find the employee to have recovered, David obtained records from the employee's pre-injury condition which allowed the doctor to find, and the WCJ to conclude, that the employee's problem had returned to baseline. The demand to settle was $180,000. The decision ended the employer’s responsibility to pay weekly indemnity and medical benefits and entitled the employer to significant supersedeas fund recovery.
Successfully defended a Specific Loss Claim where the employee alleged that his work related leg injury resulted in his becoming more prone to infection from his pre-existing diabetes. Medical bills were in excess of $4 million because of lengthy hospitalizations. Specific loss claim was for about $250,000.
Successfully defended a Review Petition where the employee alleged his work related chronic pain syndrome of the arm spread to his legs. The employee was confined to a wheelchair and required extensive treatment, hospitalizations and medication. David took the innovative approach of recommended a second evaluating (out of the area) physician to bolster the opinion of the initial IME doctor. Value of future medical bills and potential home modifications were estimated in excess of $1 million.
Successfully defended a Claim Petition for a heart attack where the employee asserted physical and emotional job responsibilities of being a handler of money for an armored truck company caused or contributed to a disabling heart attack. Both medical experts agreed that the employee was totally disabled, but disagreed as to the cause. David utilized one page from thousands of pages of hospital records to show that the events as described by the employee’s co-worker were different from those alleged by the employee.