No grounds to terminate benefits for Claimant refusing to attend appointment with treating physician designated by insurer while it was paying benefits under reservation… Sandler. [Read more…]
Interim TTD, low back condition sequelae of leg injury
Interim TTD award for low back condition sequelae of leg injury supported by prima facie case with conflicting medical opinions… Sandler. [Read more…]
Refusal to attend appointment with designated physician
Interim TTD properly awarded where Claimant reasonably refused to attend appointment with insurer’s designated treating physician to address RTW restrictions… DLI affirmed… Sandler. [Read more…]
MVA injury causation
Petitioner failed to prove job MVA caused shoulder injury/cervical spine condition… neither Petitioner nor wife credible, physicians based causation opinions on incomplete/misleading history provided by Petitioner and wife who failed to report that Petitioner had subsequently fallen… Sandler. [Read more…]
Insurer’s denials not attempt to “unaccept” liability
Insurer’s denials were not attempt to “unaccept” liability without justification, but is liable for L4-5 and left cubital tunnel syndrome, not for right cubital tunnel syndrome or left carpal tunnel syndrome, not for fees/penalty… Sandler. [Read more…]
UEF liability notice, petition timeliness
Fact issues as to whether UEF notified alleged employer at his proper address of its liability determination precludes summary judgment on timeliness of request for mediation… Sandler. [Read more…]
IME physician journal articles, raw data, ads
Insurer compelled to produce journal articles relied on by IME physician, raw data from IME, ads from company for which the physician performed the exam… Sandler. [Read more…]
Injured worker mistakenly fired, declined reinstatement
Petitioner who offered no good reason for refusing modified employment after employer mistakenly fired her for missing shifts but immediately rescinded the termination not entitled to TTD… Sandler. [Read more…]
Preliminary injunction, community housing Board
PRELIMINARY INJUNCTION in community housing organizations’ Board membership dispute affirmed in part, reversed in part… Newman affirmed, reversed (IOR I-3(c)). [Read more…]
Work comp, security guard’s nose, patient altercation
WORK COMP: Security guard’s claim of nose injury from altercation with psychiatric patient properly denied for failure to file written claim within the 3 years provided for lack of knowledge of disability… sketchy Daily Activity Report did not constitute notice… Sandler affirmed. [Read more…]