Thought Leadership

NEWS

On August 1, 2024, Michele Punturi (Philadelphia, PA) will join Michelle Leighton (Partner and National Claim Advocacy & Consulting Leader at Conner Strong) and Robin S. Roeder (Senior Vice President Risk Management at Sedgwick) in presenting a webinar for CLM. “The Dream Team Approach to WC Case Management” will discuss why controlling exposure is central to the workers’ compensation claims and litigation process. For successful case management, the employer, broker, claims adjuster and attorney must work from the same strategic playbook. By adopting a team approach, we can identify roles and ensure clear communication among all team members to limit exposure, reduce costs, and close claims. But who defines the rules of the game, and who are the star team members? What are their roles, and how should they interact to benefit each other? This session will offer an updated perspective on balancing the team dynamic. Attendees will learn to recognize the issues and challenges that can arise among team members and understand the value and real cost savings of maintaining positive relationships within the team. Discover how this approach can lead to a winning outcome for your claims management goals. For more information or to register, visit.

RESULTS*

Michael Sebastian (Scranton, PA) received a favorable decision dismissing a Claim Petition involving a claimant, who was a physician’s assistant, alleged CTS and a neck injury from working at home on a computer while sitting on her couch. The claimant had been allowed to prescribe personnel medications in the past, but her new supervisor/doctor would not allow her to continue to prescribe the medications. The claimant was terminated for forging a doctor’s signature on her state authorization form for prescribing medication. Mike submitted the claimant’s testimony from the third-party litigation demonstrating conflicts with her testimony in the workers’ compensation case to impact her credibility. Mike argued it did not make sense that the claimant, who was earning $2,000.00 a week, could not buy a desk to work at home and that she kept working from her couch for one year, despite her symptoms. The judge did not find the claimant credible in any material respect. In fact, the judge found her testimony, that she was forced to work from a couch while working from home, unconvincing, especially as she alleged experiencing progressive physical distress for over one year. He also did not understand why the claimant would not purchase a desk when she was earning $2,000.00 per week. The judge further acknowledged Mike’s emphasis on the claimant’s pre-existing condition, even though she told her medical expert that she was asymptomatic, which was untrue since she had been receiving chiropractic care for 38 years. Regarding the medical testimony, the judge found the defense medical expert more credible and competent than the claimant’s medical expert, noting that the claimant’s medical expert did not have an accurate history and did not review the prior treatment records. The judge further emphasized that the history relied upon by the claimant’s medical expert was based upon what the claimant told him, which he found not credible. Important in the judge’s findings was that the claimant’s condition did not improve, even though she was no longer working. The judge dismissed the Claim Petition, finding that the claimant did not meet her burden of proving that she suffered a work-related injury.

*Prior Results Do Not Guarantee a Similar Outcome 

_{What’s Hot in Workers’ Comp, Vol. 28, No. 7, July 2024, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2024 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}