Experience

• The Workers’ Compensation Appeal Board affirmed the decision of a Worker’s Compensation Judge to terminate an employee’s workers' compensation benefits upon medical testimony of full recovery and corroborating surveillance evidence. The Board affirmed the decision of the Judge to deny the employee’s petition to add mental injuries and the decision that chiropractic treatment was unreasonable and unnecessary following a Utilization Review Determination. There will be recourse to seek reimbursement from the Supersedeas Fund for benefits already paid that were retroactively deemed unwarranted by the litigation.

• The Worker’s Appeal Board affirmed the denial of an employee’s Petitions for Review and Reinstatement, despite her third lumbar surgery. The employee sought to reinstate total disability benefits years after they were modified to partial following an Impairment Rating Evaluation. The Judge found that lumbar disc surgery unrelated to her prior work injury and prior surgeries based upon the testimony of the employer’s medical expert, which the Judge credited over that of the employee’s expert who performed all three surgeries.

• Successfully defended a large defense contractor from a claim by a systems engineer of a back injury from a poor ergonomic environment.  The Workers' Compensation Judge found that the employer established claimant's wage loss was due to discharge from employment for cause related to her mishandling of classified documents. The denial of the Claim Petition was affirmed by the Workers' Compensation Appeal Board.