Michael R. Duffy

Received a favorable decision where the judge granted our termination petition and denied the claimant’s Petition for Penalties and Petition to Review Utilization Review Determination. The employer had accepted a right middle finger sprain. In prior litigation, the claimant’s review petition seeking to expand this injury was denied. In the pending termination petition, the judge found the claimant not credible with regard to his ongoing complaints. The claimant claimed to be bed bound, and the judge opined that this allegation as a result of a finger sprain was absurd. The penalty petition related to payment of medical bills, and the judge found that, since the medical bills were related to the hand and not the finger, the penalty was denied. He also denied the claimant’s Petition to Review the Utilization Review Determination, finding that more than 185 physical therapy visits were not reasonable for a finger sprain and because the opinions of the reviewer were corroborated by the employer’s expert’s opinion of full recovery.

Obtained a decision granting the employer’s termination petition. The claimant had sustained injuries to her low back as a result of a work injury wherein she was struck in her back by a coworker opening a door. The claimant alleged she sustained additional injuries, including multiple disc herniations. After subpoenaing records from various providers, Michael was able to show that the claimant had been in multiple car accidents and had prior injuries to her low back, resulting in treatment lasting up to a few months prior to the work injury. The claimant had denied any prior injuries during her testimony before the workers' compensation judge. The judge found the employer's expert credible and terminated the claimant's benefits.

Received a favorable decision in a case involving Claim and Penalty petitions. The claimant alleged cervical injuries requiring surgery. Our medical expert agreed that surgery was required but did not agree to a work injury based on the records obtained following the claimant’s deposition. Though the claimant testified to never having prior injuries or treatment for his neck prior to the injuries, Mike was able to obtain medical records showing treatment for the same complaints two weeks prior to the work injury. The judge denied the Claim and Penalty petitions.