Workers’ Comp Insurance Company Must Pay for Surgery After Settlement

Tim Quincy (name change for this summary) of Liverpool, PA won a Decision from Judge Wayne L. Dietrich ordering the workers’ compensation carrier, Pennsylvania National Mutual Casualty Insurance Company, to pay for a shoulder surgery and ongoing prescription medications.

By Decision dated July 23, 2012, Judge Dietrich found the testimony of Mr. Quincy and Dr. Curtis A. Goltz (of Othropedic Intitute of Pennsylvania (PA)) to be credible over the “IME” opinions of

Dr. Sanjiv Naidu and Dr. John A. Kline, Jr. The wage loss portion of Mr. Quincy’s workers’ compensation claim was settled in 2010 and the workers’ comp insurance company remained liable for medical reasonable and necessary medical expenses related to the work injury. Dr. Naidu opined that Mr. Quincy did not have a surgically correctable lesion and that the surgical intervention by Dr. Goltz was neither reasonable nor necessary.

In addition, Dr. Kline opined that various ongoing medications were not needed. A record review done by Dr. Gregory Habib opined that the treatment notes of Dr. Goltz and Dr. Tanner of Newport, PA supported the shoulder surgery and that a record review performed by Dr. Robert A. Cohen found that the ongoing medications were reasonable and necessary.
After weighing all the evidence, Judge Dietrich ordered the workers’ compensation carrier to pay for all of the medical treatment at issue.

The law firm of Calhoon and Kaminsky P.C., represents injured workers and those seeking Social Security Disability throughout Pennsylvania, including but not limited to, Altoona, Harrisburg, Pottsville, Allentown, Reading, Bloomsburg, Easton, Bethlehem, Norristown, Bristol, Williamsport, State College, Wilkes-Barre, Scranton, Lancaster, Waynesboro, York and all cities in Bucks County, Chester County, Columbia County, Dauphin County, Delaware County, Lackawanna County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Montgomery County, Monroe County, Montour County, Northampton County, Northumberland County, Philadelphia County, Pike County, Schuylkill County, Wyoming County and York County, PA. Our offices are located at 2411 North Front Street, Harrisburg, PA and 14 North Main Street, Suite 300, Chambersburg, PA, and we can arrange for meeting locations at law offices throughout the State.

Calhoon and Kaminsky P.C.
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Harrisburg, PA 17110
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