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…]
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…]
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…]
Work product privilege, disclosures to independent agent
Insurer’s attorney waived work-product privilege by disclosures to independent insurance agency… Petitioner entitled to emails between insurer’s attorney and agency now, not after Petitioner’s deposition… Sandler. [Read more…]
Insurer’s attorney’s work product, waiver
Insurer’s attorney waived work-product privilege by disclosing his work product to rehab provider hired in regular course of comp claim and who is not the insurer’s retained expert, but a non-retained, hybrid witness… insurer required to disclose requested email from attorney to rehab provider… 1st impression… sanctions denied… Sandler. [Read more…]
Job accident v. worsening spine condition
Job accident not proven to be cause of worsening lumbar spine condition… Sandler. [Read more…]
Work comp, psychiatric IME, anxiety/insomnia
WORK COMP: §605 psychiatric exam properly denied because nothing suggests that anxiety/insomnia complaints are causally related to accepted leg claim (although Rule 35 “good cause” incorrectly imputed to §605 “relevant”/”appropriate”)… insurer not obligated to pay for exam/treatment of anxiety/insomnia before obtaining a §605 exam… Sandler affirmed (other grounds), reversed. [Read more…]
Truck driver entitled to PTD, not TTD
Petitioner not entitled to TTD because he was MMI when benefits were terminated and has remained at MMI, but is entitled to PTD/medical from 1/15… Sandler. [Read more…]
Psychiatric IME
DLI order to attend 2-day psychiatric IME affirmed, but modified to require psychiatrist to disclose raw data & testing materials… 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…]