Experience

• Received a favorable decision on August 1, from a Workers’ Compensation Judge. The Judge denied the Claimant's Petition who was seeking disability and medical benefits for hypertension and anxiety allegedly caused by a confrontation with his supervisor over a lack of requested documentation to support a bereavement leave. The Workers' Compensation Judge concluded the claimant failed to sustain his burden of proving the existence of abnormal working conditions and that he failed to sustain his burden of proving a work-related injury. In reaching this result, the Judge found the testimony of the supervisor more credible than that of the employee. The Judge also credited the reported opinions of the employer’s psychiatric and medical experts over the employee’s treating nurse practitioner.
• Received a favorable decision from a Workers’ Compensation Judge denying and dismissing an employee’s Petition for Review of a June 2019 Utilization Review Determination that found the therapy treatment unreasonable and unnecessary on and after February 2018. The Judge credited the opinion of the UR Reviewer over that of claimant that the treatment was unreasonable and unnecessary because he relied upon medical literature and treatment protocols, despite extensive treatment the employee’s complaints and examination findings have remained the same, but the treatment has not changed and the claimant's report regarding body parts treated, including the cervical spine, was not consistent with the testimony about treatment only to the right shoulder. The Judge found the employer’s contest reasonable and because the employee did not prevail litigation costs were not awarded. The employer need not pay for the treatment on or after February 20, 2018.

• Received a positive decision in an appeal before the Workers’ Compensation Appeal Board where the Appeal Board agreed with the earlier decision from the Workers’ Compensation Judge. In this case, the Judge found that chiropractic/physical therapy treatments three times per week from December 9, 2016, through June 14, 2017, were necessary, but treatments given after June 14, were not necessary and should not be covered.