Workers' Compensation Defense

NEWS

Michele Punturi (Philadelphia) will participate in a panel discussion at the CLM Annual Conference, which is being held between March 29 and March 31, 2023. On March 30th, Michele will join a panel to discuss increasing diversity and sustaining organizational change in the claims industry. In “Building a Better Business, Achieving a More Diverse Future,” the panelists will talk about how diversity, equity, and inclusion efforts have taken center stage in the workplace and will identify emerging recruitment and retention strategies that employers can utilize to achieve a more diverse future. The session will also include an analysis of effective ways to maintain diverse vendor teams while building stronger partnerships in claims handling in the legal industry. 

Frank Wickersham (King of Prussia) is scheduled to participate in a panel discussion at the upcoming CLM 2023 Workers’ Compensation, Casualty & Risk Management Conference on May 17, 2023. In “One Less Zombie in the Workers’ Compensation Apocalypse,” Frank and panel will discuss strategies for dealing with the persistent issue of opioids and the growing reliance on cannabis in workers’ compensation.  

Heather Carbone (Jacksonville) was the keynote speaker at the International Association of Rehabilitation Professionals Southeast Florida Workers’ Compensation Claims Conference on March 10, 2023. Heather presented “Talking About Generations” to nearly 100 attendees. 
 

RESULTS*

Michele Punturi (Philadelphia) successfully prosecuted a termination petition on behalf of a multi-national automotive manufacturing corporation. Michele’s evidence included a records review of all diagnostic study films and two physical examinations by a board certified orthopedic surgeon. Michele also conducted an aggressive cross-examination of the claimant, establishing that the claimant’s current symptomatology/diagnoses are due to non-work-related advanced degenerative disc disease of the cervical spine and are no longer contributing to the claimant’s cervical radiculitis and trapezius spasm, both of which were part of the original work-related injury. The judge accepted the employer’s evidence as fully competent, persuasive, and credible and terminated the claimant’s benefits. 

Tony Natale (Philadelphia) successfully prosecuted a termination petition and modification petition on behalf of a Police Department. The claimant sustained a fractured ankle and other injuries after a slip and fall on ice during the course and scope of employment. Subsequent to the injury, the Department made many offers of employment within the claimant’s restrictions in order to return her to gainful employment. Not only did the claimant refuse the work, she also filed a petition in an attempt to add additional injuries to the compensable claim that were never raised at the time of injury. The parties presented expert testimony on all issues to the court, and the judge found the employer’s medical experts to be more credible than the claimant’s expert. Critical to the judge’s decision was a medical intake form completed by the claimant which failed to highlight any additional injuries over and above what the employer accepted as compensable. Even more compelling to the judge were the fundamental admissions grinded out on Tony’s cross examination of the claimant’s medical expert, which supported a full recovery from all injuries.

Tony also successfully defended an American multi-national telecommunications conglomerate in the litigation of a claimant’s petition to review a Utilization Review Determination, which found that a mix of habit-forming narcotics were no longer reasonable and necessary. Once the UR request was made, the claimant promptly switched treating doctors in order to have the opioid prescriptions referred by a provider not under review. The judge saw through this and found that the underlying UR Determination was proper. The judge noted that the claimant had a spinal cord stimulator implanted, paid for by the employer, which greatly mitigated his pain complaints. The employer proved that the claimant’s medication prescriptions did not slow down after the implantation, and even increased. The judge properly found that the dangerous use of opioids in this manner was not justified.

Kristopher Starr (Wilmington) represented a national internet retailer in the successful denial of a proposed lumbar fusion surgery and indemnity benefits. The claimant was awarded the injury and conservative medical treatment, however, the lumbar spine fusion surgery was denied, as were total and partial disability benefits. We avoided a complex multi-level lumbar spine fusion surgery (L3-S1), total and partial disability benefits, and the post-surgical care. Because the surgery will not occur, we also are relieved of a large post-operative permanent impairment award and surgical disfigurement. Key to the Board’s determination was our defense medical expert casting doubt on the surgery; Kris’s cross-examination of the claimant and his spine surgeon; and Kris’s closing argument, which was quoted by the Industrial Accident Board in their decision on the merits. An appeal unlikely.

*Prior Results Do Not Guarantee a Similar Outcome
 

_{What’s Hot in Workers’ Comp, Vol. 27, No. 3, March 2023 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 © 2023 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.}