Steve Potako received favorable decision in dismissing an employee's petition for review

    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.
    back to top