December 9, 2024
Mental Health Injury Must Be Supported By a Psychiatrist or Psychologist

The claimant, a security guard, alleged a work injury arising out of a restraint of a patient in a hospital. The claimant sustained very minor physical injuries. He later claimed PTSD.

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December 9, 2024
Omission of Prior Work Injury and Overcoming the DIME

Respondent requested a hearing to overcome the Division IME as to impairment and causation of a work injury. The ALJ found the low back and SI joint issue was not related to the work injury due to a lack of disclosure of a previous injury, significantly reducing the impairment exposure on the claim.

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August 18, 2023
Sedentary Restrictions

The claimant was involved in an incident in which a 400 pound loading dock garage door fell on him resulting in multiple fractures in his low back, ribs, and lower extremity. After four years of treatment, the claimant was eventually placed at MMI and given an 18% whole person impairment rating by a Division IME. […]

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August 18, 2023
Pre-Existing Condition

The claimant alleged a left shoulder injury from lifting a large overhead warehouse door that jammed. The claimant’s medical records showed pre-existing left shoulder problems with treatment continuing through two days’ prior to the work incident. This treatment included a recommendation for a left shoulder MRI. On the date of the alleged injury, the claimant […]

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August 18, 2023
Delay in Mentioning Body Part

The claimant sustained a compensable work injury to his right knee. He was diagnosed with a medial meniscal tear and underwent surgery. Following surgery, the claimant began complaining of right shoulder pain and a rotator cuff tear was identified. The claimant was referred to an orthopedic surgeon and right shoulder surgery was recommended. The claimant […]

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