This file has recently transferred to me for further defense handling. Please do not hesitate to contact me if you have any questions or comments regarding this matter. It is my practice to return all communications within 24 hours, if possible. I look forward to working with you on this matter as we bring this claim to an equitable conclusion. Please consider this letter a status update on this claim. At this time, I have prepared a supplement request to the Agreed Medical Evaluator, Dr. William Ramsey, forwarding him the transcribed witness statement of Mr. Luis Rodriquez and Ms. Joanna Parvin, as well as a copy of the job description reviewed by both the applicant and the employer. Please recall, in his last supplemental report …show more content…
Mark Howard, to address their dates of injury. Dr. Howard issued a report dated November 22, 2016, finding the applicant permanent and stationary as to the lower extremity, lower back, and shoulder. Unfortunately, Dr. Howard did not discuss the applicant’s hand/wrist complaints. He did slightly mention our date of injury and opined that causation is found by our AME, Dr. Ramsey. In addition, Dr. Howard apparently did not find causation to the alleged cumulative tram claim through May 15, 2011, involving overlapping body parts with our claim. Dr. Howard found that an exacerbation may have taken place. While we are waiting for Dr. Ramsey to issue a supplemental report, I did have a short conversation with the applicant’s attorney regarding the possibility of settlement at this time. I requested a settlement demand from the applicant’s attorney. As soon as I receive it, I will let you know. I believe you previously extended an authority of up to $15,000.00 in or about November 2016. Please advise if that authority is still available. Problematically, I was informed by the applicant’s attorney that the applicant has applied for Social Security Benefits. As you know, we will have to obtain a Medicare Set-aside if the claim is found industrial and if we wish to settle via Compromise and Release. In my opinion, one way to get around the need for an MSA is a settlement via Compromise and Release with a Thomas finding, noting that AOE/COE remains in dispute.
1. The appellant is Bloor Italian Gifts Limited ("Bloor Italian"). The respondent is Douglas Dixon.
Zamudio, Human Resources Administrator and acting custodian of personnel records of the Domino Realty Management Company who allowed access, and copies in support of any relevant information pertaining to any injuries, had located a “Work/School Status Report” under the name of the “Talbert Medical Group.” The document had placed the claimant off from work from 2-5-01 through 2-5-01 for pain to the claimants left knee, and yet, according to Ms. Zamudio, the document did not state that a work related injury occurred as there were no other documentation in support of an injury. Furthermore, the witnesses had not cited any job related incidents where the claimants left knee from 2001 had been injured were the alleged 2001 left knee had been irritated or exacerbated in any
Witnesses Gustavo and Armando said they refute the claimant’s CT: 6/2014 through 6/2015 which included cumulate trauma of injuries to the claimant's shoulders, back, lower extremities, left elbow, hands, fingers, legs, knees, stress and anxiety. The also contested the specific claim of injury that allegedly occurred on 2/2015 when the claimant alleged injured his back, lower extremities and left knee at work.
Ms. Almanza claimed she researched and provided the claimant’s entire personnel file for this investigation and stated she was not aware of any industrial-related injuries associated with the claimants said injuries, by noting that no treating physicians ever provided any causation or the implied injuries. She provided proof with the claimant’s personnel file taken into as evidence by stating there was no medical evidence, doctors note or request of modified work duties to suggest any medical
We found that both witnesses claimed that there was no correlation to suggest that any of these alleged injuries specified by the claimant’s attorneys and by the claimant himself occurred or where the claimant suffered a stroke. Also, both witnesses were unaware if the claimant was experiencing any non-industrial stressors or if there were any outside non-work related factors that would suggest the claimant was suffering from any psychological problems and/or issues because of his employment.
At this time, I also approached the possibility of settling this case pursuant to a compromise and release. As you know, the Stipulations with Request for Award we were ready to accept were for 24% PD paid at a rate of $160.00 per week. The stipulation was for the applicant’s lumbar spine and left knee only. The monetary value of this stipulation would be $15,280.00. I indicated to the applicant’s attorney that I had authority to settle the claim pursuant to a Compromise and Release for $24,000.00. After further discussions, the applicant’s attorney took the Stipulations and indicated he would discuss the Compromise and Release with the applicant.
On Thursday, March 3, 2016 at approximately 10:00am I obtained a statement from the complainant patient Walter Rysiejko located in the Greenberg Pavilion 2-North room 208.
Contrary to the alleged, Dr. Brock refuted the claim, defending that he never established a doctor-patient relationship with Anita, which relieves him of liability. In order to validate his refute, Dr. Brock provided four factual elements that were supported by his counterparts; Dr. Whitfield and Dr. Ketcham. The four elements that were presented in the affidavit included: (1) That there has never been a doctor-patient relationship between Dr. Brock and Anita Oliver, (2) Dr. Brock has never seen or talked to Anita or Cathy Oliver, (3) Dr. Brock was not employed, engaged or requested to serve as a consultant to treat Anita, (4) and Dr. Brock was not employed or engaged to consult with doctors treating Anita, concerning complaints or medical problems. In order to support Dr. Brock’s refute, Dr. Whitfield and Dr. Ketcham provided affidavit’s as
You recently sent a package of claims to Horizon Behavioral Health for services rendered to your spouse John Stonelake, by Ronald S. Newman PhD, an out-of-network provider with your NJ DIRECT coverage. When you called to check on the status of the claims you were advised that they were not received. Additionally, you indicated that twice you have sent in a package of claims that were received and one of the dates of service included with the package was not
The applicant has also alleged an injury to his neck, left upper extremity and left lower extremity. These claims have been denied.
Borbely had physician appointment with his PCP Dr. Boggs and cardiac. Mr. Borbely declined surgery with cardiac physician. Medical records were requested from Henry Ford Hospital. Mr. Borbely had a neuropsychological testing and Dr. Kamoo is in the progress of contact his nephew for a review. Dr. Boggs felt Mr. Borbely had a dramatic cognitive changes compared to one year prior to the accident and is looking forward to the neuropsychological results. Dr. Boggs did feel Mr. Borbely had a head injury. I was contacted by claims adjuster confirming medical records status and informed that at this time to close his
A visit note from Dr. Carico, dated 06/20/2017, indicated that the claimant continued to have
This 57 year old claimant is filing a Concurrent claim alleging disability since 07/31/2014 due to osteoarthritis, degenerative disc disease, pain in the low back, hips, and spine.
Obviously, if we are proceeding with the medical-legal process, we will have to seek apportionment from applicant’s prior 2006 injury where he underwent an arthroscopy of the left knee.
Lester almost $10,000.00 for this report is quite excessive. If we were to dispute this bill, Dr. Lester may well file a Petition for Cost and appear in front of the court, testifying that he personally typed and prepared this report. By doing so, Dr. Lester could justify using so much time preparing this report.