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

It Does not Pay to be so “Social” on Social Media – ALJ Denies PTD Claim Based in Part on Facebook Pictures Which Were Inconsistent with Claimant’s Testimony

In a claim defended by Brad Miller, the ALJ to denied a claimant’s request for permanent total, permanent partial, and maintenance medical benefits. In an attempt to support her claim, the claimant initially testified that she could not attend social gatherings due to her injury. She also alleged that she could not move her arm [...]

It Does not Pay to be so “Social” on Social Media – ALJ Denies PTD Claim Based in Part on Facebook Pictures Which Were Inconsistent with Claimant’s Testimony 2019-01-29T08:34:09+00:00

Back payment of TTD in Utah denied – The credibility of fact witnesses makes all the difference

Petitioner was a ranch hand who broke the base of his finger while herding sheep on a horse. The petitioner was seeking over one year of wage loss, additional medical treatment and impairment payment related to the work incident. The employer testified that medical care and modified duty were provided to the petitioner, but the [...]

Back payment of TTD in Utah denied – The credibility of fact witnesses makes all the difference 2019-01-29T08:34:58+00:00

Compensability:  ALJ Felter Discredits Testimony of a 40-year Employee and Denies Compensability of Cumulative Trauma Claim

In a claim successfully defended by Gail Benson, ALJ Felter denied and dismissed claimant’s cumulative trauma allegation. The claimant was a 61 year-old clerk who had worked for the employer for over 40 years and had a prior admitted carpal tunnel claim with the same employer several years before her current claim. Claimant alleged a [...]

Compensability:  ALJ Felter Discredits Testimony of a 40-year Employee and Denies Compensability of Cumulative Trauma Claim 2019-01-29T08:37:13+00:00

ALJ Finds That Escalating Low Back Symptoms Starting Approximately Two Weeks After a Minor Strain Injury Were Not Work-Related

Brad Miller and Kendra Garstka recently prevailed on a difficult causation defense presented on a Colorado claim.  Claimant argued on this specific claim that she developed a low back injury by bending over in an awkward fashion to place a tag on a piece of luggage while working at the airport.  Respondents took the position [...]

ALJ Finds That Escalating Low Back Symptoms Starting Approximately Two Weeks After a Minor Strain Injury Were Not Work-Related 2019-01-29T08:41:38+00:00

ALJ in Utah Finds that Specific Body Parts are Not Work-Related and Denies Petitioner’s Request for TTD Benefits

Petitioner alleged she developed injuries to her right arm, neck and shoulder as a production worker on an assembly line.  Petitioner specifically alleged that the injuries occurred while using a mallet to punch out holes in a material.  Respondents initially accepted the claim regarding Petitioner’s right elbow injury.  Respondents later denied that there was any [...]

ALJ in Utah Finds that Specific Body Parts are Not Work-Related and Denies Petitioner’s Request for TTD Benefits 2019-01-29T08:42:03+00:00

ALJ Credits Respondents’ IME over ATPs to deny back surgery even where injury caused by lifting 75lbs

In a claim successfully litigated by Christin Bechmann, the Administrative Law Judge (ALJ)  determined that a back surgery recommended by the authorized treating providers (ATP’s) was not reasonable or necessary medical care.  The ALJ rejected the providers’ opinions in favor of Respondents’ IME, who concluded that the proposed surgery was unrelated to the  underlying work [...]

ALJ Credits Respondents’ IME over ATPs to deny back surgery even where injury caused by lifting 75lbs 2019-01-29T08:42:16+00:00

Self-Serving Nondisclosure: Catching Claimant in a Pattern of Omissions

Jessica Grimes recently prevailed on a compensability claim involving an unwitnessed event and a history of identical pre-existing symptoms that were not disclosed to the treating providers.  The claimant alleged that he strained his neck when slipping off a piece of equipment in snow.  Although he testified that he experienced immediate severe pain, the claimant [...]

Self-Serving Nondisclosure: Catching Claimant in a Pattern of Omissions 2019-01-29T08:42:38+00:00