Our Workers’ Compensation department has seen 2 great wins lately!
Here are the details:
Attorney Shelley Harvey prevailed after a hearing decision where the judge fully denied and dismissed the employee’s claim for failure to prove he suffered an industrial injury. At hearing, Attorney Harvey was able to successfully show the inconsistencies in the employee’s reporting of the injury and the inconsistencies in the medical records. The exposure on the claim was almost $200,000 and the last demand given by employee counsel was $170,000. There is no legal basis for an appeal and we are currently seeking recoupment of benefits that were paid after the conference order.
Attorney Roman Rassin obtained a complete denial of a claim recently. The subject of the Hearing was the Insurer’s denial of the proposed left total shoulder replacement with biceps tenodesis as recommended by the employee’s treating physician. The matter stemmed from a 2008 work injury to the left upper extremity. The employee was status post multiple surgeries to the shoulder which were contemporaneous with the date of injury. However, at the time of filing the claim, the employee had not treated for her work-related injuries in nearly 10 years. The issue in the case was whether the proposed left total shoulder replacement was related to the work injury, or, whether it stemmed from non-work related arthritis secondary to the aging process. Attorney Rassin successfully argued that the surgery was not related to the work injury, and the Administrative Judge issued a complete denial of the employee’s claim.
We are happy to discuss your workers’ compensation claim at any time, and to provide practical tips and strategies to “win” your case.