Utah – Compensability: Importance of an IME

The petitioner brought a claim against the employer for alleged injuries to his neck and bilateral shoulders during the period of December 2015 to January 2016 due to repetitive activity under an accident theory. He alleged a second injury to his low back for a work incident that occurred on April 27, 2016. Respondent insurer [...]

Utah – Compensability: Importance of an IME 2019-05-31T14:06:06+00:00

Utah – Medical Benefits: Pain Does Not Mean a Causal Relationship

Claimant had previously litigated compensability of her injury, asserting that, she began to feel a pain in her right shoulder with a popping sensation halfway through her shift. Claimant underwent rotator cuff repair surgery and was released to full duty less than a year after her date of injury. It was ordered by an Administrative [...]

Utah – Medical Benefits: Pain Does Not Mean a Causal Relationship 2019-05-31T15:42:50+00:00

Colorado Compensability: Inconsistent Testimony Means Dismissal of Claim

In a claim recently successfully defended by Brad Miller and Hayleigh Lidbury, the Administrative Law judge (ALJ) denied and dismissed an alleged mid-back injury due to claimant’s inconsistent testimony as confirmed by prior-medical records. Claimant was working on a line at a factory when she went to reach for the next item and felt a [...]

Colorado Compensability: Inconsistent Testimony Means Dismissal of Claim 2019-05-31T14:03:20+00:00

Compensability – Pain at Work Not Sufficient to Establish Compensability

The Administrative Law Judge (ALJ) denied and dismissed claim where the mechanism of injury stated by the claimant was not injurious in nature. The claimant worked as an installation technician for the employer. The ALJ found the claimant’s testimony, that he felt pain in his knee when he stood up from a squatted position while [...]

Compensability – Pain at Work Not Sufficient to Establish Compensability 2019-05-31T13:59:36+00:00

Overcoming the DIME and Permanent Total Disability

Michelle Prince successfully defended a permanent total disability (PTD) claim of a 66 year old Spanish-speaker with alleged CRPS. Claimant was a janitorial worker who was injured when operating a floor scrubber. She received extensive treatment and a Division Independent Medical Examination (DIME) eventually assigned claimant a 24% whole person rating for CRPS. Respondents sought [...]

Overcoming the DIME and Permanent Total Disability 2019-04-01T11:05:33+00:00

Compensability – Knowing the Difference Between Incident and Injury

Jessica Grimes successful obtained a dismissal of claims for benefits by arguing that simply because a claimant sought medical care for an “incident” at work does not mean that the claimant had an “injury” under the Workers’ Compensation Act. The claimant alleged a cervical and low back injury occurring in September 2017 that involved an [...]

Compensability – Knowing the Difference Between Incident and Injury 2019-04-01T10:53:01+00:00

Compensability

In a claim defended by Brad Miller and Kendra Gartska, the Administrative Law Judge (ALJ) denied and dismissed alleged repetitive trauma claim due to varied histories of injury and lack of causation per the Medical Treatment Guidelines (MTG’s). The claimant worked as a customer service agent for a short period of time, most of which was [...]

Compensability 2019-04-01T10:57:21+00:00

ALJ Denies Claim Based on Finding that Physical Complaints Were a Manifestation of a Longstanding Condition

The claimant was a customer service agent who alleged she suffered a shoulder injury after lifting luggage. Claimant continued to work for several days and did not report the alleged work incident for a week. Claimant’s description of the mechanism of injury altered throughout her treatment. Claimant initially reported a gradual onset of pain without [...]

ALJ Denies Claim Based on Finding that Physical Complaints Were a Manifestation of a Longstanding Condition 2019-02-01T15:06:35+00:00

ALJ Terminates Claimant’s Ongoing Use of Chronic Narcotic Medications

Brad Miller and Kendra Garstka recently convinced an Administrative Law Judge (ALJ) to terminate a claimant’s chronic use of narcotic medications nearly 10 years after the work injury occurred. The claimant sustained an admitted work injury to his left index finger on March 27, 2009. Over the next several years, claimant underwent significant medical treatment [...]

ALJ Terminates Claimant’s Ongoing Use of Chronic Narcotic Medications 2019-02-01T15:04:11+00:00

ALJ Denies Claim Based on Horseplay Defense after Claimant Fell Off of Moving Truck

Paul Foltz and Brad Miller recently prevailed on a compensability defense involving a claim where a claimant fell off a moving truck. Specifically, claimant was standing on the back bumper of a truck that was moving through the employer’s parking lot when he fell to the ground. The claimant suffered significant injuries and was hospitalized. [...]

ALJ Denies Claim Based on Horseplay Defense after Claimant Fell Off of Moving Truck 2019-01-29T08:34:03+00:00