VERDICT: Defense, stop-light rear-end MVA, admitted liability, no causation, neck/back. [Read more…]
IME compelled over objections to signing documents
Motion to compel IME granted with conditions: Petitioner is required to sign the provider’s Informed Consent document but not the FAQ document or take any action associated with the HIPAA notice… Bruner. [Read more…]
Stipulation to settle “known or unknown” claims
Stipulation to settle “known or unknown” claims rejected as unenforceable and contrary to statute and public policy… Bruner. [Read more…]
No need or best interest for $150,000 lump sum of PTD
Petitioner failed to demonstrate need for $150,000 lump-sum of PTD or that it is in her best interest… 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…]
Work comp, Class 1 claimants without actual wage loss
WORK COMP: Legislature had rational basis for distinguishing between Class 1 and Class 2 or higher impairment claimants without actual wage loss, equal protection challenge properly rejected… Sandler affirmed. [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…]
§703(2) impairment classifications constitutionality
§703(2) impairment classifications constitutional… Sandler. [Read more…]
CRPS caused by job accident, competing physician opinions
Petitioner has CRPS caused by job accident… current treating physician’s diagnosis under Guidelines given more weight because it was supported by the other medical evidence while opinions of physicians who examined him under §605 and treating physician who agreed with them were not… Sandler. [Read more…]
IME, recording, report direct to Claimant
Petitioner not entitled to audio recording of history part of IME… has right to IME report directly from provider… good cause for panel IME… DLI affirmed… Sandler. [Read more…]