A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

Similar documents
A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

In the Matter of the Arbitration between. (Claimant) (Respondent)

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

ARBITRATION AWARD. Ryan Berry, Esq. from Israel, Israel & Purdy, LLP participated in person for the Applicant

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F HOME DEPOT, INC. RESPONDENT NEW HAMPSHIRE INSURANCE COMPANY, INSURANCE CARRIER

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM F ROBERT LEON PAVEL, EMPLOYEE CLAIMANT

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G JANNIE A. HYMES, EMPLOYEE PINEWOOD HEALTH & REHABILITATION, EMPLOYER

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. G DAVID YERXA, Employee. NCR CORPORATION, Employer

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F BILLY R. COOPER, EMPLOYEE CLAIMANT FRITO LAY, INC., EMPLOYER RESPONDENT

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F GNB TECHNOLOGIES (EXIDE) ZURICH AMERICAN INS. CO.

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F ST. PAUL FIRE & MARINE INSURANCE, INSURANCE CARRIER

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM F & F WILLIE LEE EVERETT, JR., EMPLOYEE CLAIMANT

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F ALISHA MILLER CLAIMANT SOUTH ARK YOUTH SERVICES, INC.

Award of Dispute Resolution Professional

SUMMARY DECISION NO. 529/97. Recurrences (compensable injury).

STATE BOARD OF WORKERS' COMPENSATION 270 Peachtree Street, NW Atlanta, Georgia (404)

NOT DESIGNATED FOR PUBLICATION

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F OPINION FILED MAY 2, 2008

SUMMARY. Style of Cause:

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NUMBER F BRYCE CORPORATION, EMPLOYER OPINION FILED SEPTEMBER 13, 2004

NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G ROBERT D. MILLER, EMPLOYEE

Sergio G. Carro, Esq.

STATE OF WEST VIRGINIA

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F ROSA CORTEZ CLAIMANT BRIGHTON HOUSE CARE CENTER OPINION FILED MAY 28, 2004

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F OPINION FILED OCTOBER 14, 2003

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F JOHNNY F. THROWER, EMPLOYEE CLAIMANT TRIMAC, INC., EMPLOYER RESPONDENT

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY. Trial Court No. CI Appellant Decided: August 8, 2008 * * * * *

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1068/15

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2470/09

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G TRACYE JOHNSON, EMPLOYEE DOLLAR TREE STORES, INC., EMPLOYER

NOT DESIGNATED FOR PUBLICATION

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. F OPINION FILED AUGUST 6, 2003

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2307/06

Award of Dispute Resolution Professional

SUMMARY DECISION NO. 553/01. Continuity (of symptoms). DECIDED BY: Moore DATE: 20/03/2001 NUMBER OF PAGES: 8 pages ACT: WCA

NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G DIANE THOMPSON, EMPLOYEE

Health Professions Review Board

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1574/09

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1199/15

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 73/09

Ross v Goldfarb 2017 NY Slip Op 32660(U) November 22, 2017 Supreme Court, Bronx County Docket Number: /2013 Judge: Julia I.

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F OPINION FILED NOVEMBER 28, 2005

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL

Halbert, Paul v. Nestle Holdings, Inc.

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2192/16

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NUMBER D LINDA MARIE GAVIN CLOWERS, EMPLOYEE CLAIMANT

ARBITRATION AWARD. Nicole Jones, Esq. from The Morris Law Firm, P.C. participated by telephone for the Applicant

TRIBUNAL D APPEL EN MATIÈRE DE PERMIS

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F MARTHA J. WIGGINS, EMPLOYEE OPINION FILED DECEMBER 4, 2012

2. Ms. Gilbertson applied for accident benefits August 6, 2013 and received seven physiotherapy treatments.

NOT DESIGNATED FOR PUBLICATION BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. E RHONDA MAULDIN, EMPLOYEE

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2256/13

ARBITRATION AWARD. Scott Lupiani, Esq. from Scott M. Lupiani, Esq. participated by telephone for the Applicant

MEMORANDUM 377/87. DATE: April 5, 1988 TO: ALL WCAT STAFF SUBJECT: DECISION NO. 377/87

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1041/16

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 203/08

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2389/14

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. F DEBBIE BEATTY KNAPP, Employee. LOWELL HOME HEALTH, Employer

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 898/15

Steven Ianuzzi v. Comm Social Security

NOTICE OF 19(b) ARBITRATOR DECISION. Case#

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 111/07

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1583/16

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 2170/16

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. G ARKANSAS DEPARTMENT OF COMMUNITY CORRECTION, EMPLOYER

CASE INFORMATION SHEET FLORIDA LEGAL PERIODICALS, INC. P.O. Box 3370, Tallahassee, FL (904) /(800) * FAX (850)

No. 52,000-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 776/15

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 793/15

A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS AWARD OF DISPUTE RESOLUTION PROFESSIONAL

SUMMARY DECISION NO. 2182/99. Chronic pain. DECIDED BY: Marafioti DATE: 27/02/2001 NUMBER OF PAGES: 6 pages ACT: WCA

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 346/14

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM NO. E OPINION FILED AUGUST 17, 2004

BEFORE THE ARKANSAS WORKERS COMPENSATION COMMISSION CLAIM F JENNIE LEAFERN HESTER, EMPLOYEE CLAIMANT MEXICO CHIQUITO, INC., EMPLOYER RESPONDENT

Automobile Injury Appeal Commission Province of Saskatchewan. L.V., Appellant. and. Saskatchewan Government Insurance, Respondent

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL

STATE OF WEST VIRGINIA SUPREME COURT OF APPEALS. FILED Claimant Below, Petitioner October 10, 2017 MEMORANDUM DECISION

SUMMARY. Decision No May-2001 M. Faubert View Full Decision 6 Page(s) Keywords: Permanent impairment {NEL} References: Act Citation WCA

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1269/12

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION CLAIM NO. F OPINION FILED APRIL 19, 2007

Award of Dispute Resolution Professional

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 482/07

NEW YORK SUPREME COURT - QUEENS COUNTY

Quiles v Rojas 2015 NY Slip Op 31664(U) January 5, 2015 Supreme Court, Bronx County Docket Number: /11 Judge: Howard H. Sherman Cases posted

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 1056/10

WORKPLACE SAFETY AND INSURANCE APPEALS TRIBUNAL DECISION NO. 194/12

NOT DESIGNATED FOR PUBLICATION

Case Name: Khaledi v. Allstate Insurance Co. of Canada. Between: Kolsom Khaledi, applicant, and Allstate Insurance Company of Canada, insurer

Transcription:

CASE NO. 18 Z 600 07532 03 2 A M E R I C A N A R B I T R A T I O N A S S O C I A T I O N NO-FAULT/ACCIDENT CLAIMS In the Matter of the Arbitration between (Claimant) AAA CASE NO.: 18 Z 600 07532 03 v. INS. CO. CLAIMS NO.: 5030545603 AAA MID-ATLANTIC INSURANCE COMPANY OF NEW JERSEY DRP NAME: Margaret Knuetter (Respondent) NATURE OF DISPUTE: Causation, AWARD OF DISPUTE RESOLUTION PROFESSIONAL I, THE UNDERSIGNED DISPUTE RESOLUTION PROFESSIONAL (DRP), designated by the American Arbitration Association under the Rules for the Arbitration of No-Fault Disputes in the State of New Jersey, adopted pursuant to the 1998 New Jersey Automobile Insurance Cost Reduction Act as governed by N.J.S.A. 39:6A-5, et. seq., and, I have been duly sworn and have considered such proofs and allegations as were submitted by the Parties. The Award is DETERMINED as follows: Injured Person(s) hereinafter referred to as: SK. 1. ORAL HEARING held on 1/15/04. 2. ALL PARTIES APPEARED at the oral hearing(s). NO ONE appeared telephonically. 3. Claims in the Demand for Arbitration were NOT AMENDED at the oral hearing (Amendments, if any, set forth below). STIPULATIONS were not made by the parties regarding the issues to be determined (Stipulations, if any, set forth below). 4. FINDINGS OF FACTS AND CONCLUSIONS OF LAW: This is a claim for payment of bills incurred by SK after an auto accident of 8/19/01. The sole issue is whether the treatment rendered after that accident was caused by the accident. At oral hearings, claimant SKS testified and the following documents were submitted: NJ Police report of 8/19/01 Correspondence to SK from respondent dated 9/28/01 PIP application Correspondence regarding Aetna US Healthcare lien

CASE NO. 18 Z 600 07532 03 3 Bills from the following providers: Matthew France, MD, DOS 1/21/02 through 4/4/02 Lawrence Gelber, MD, DOS 9/19/01 Carl Giordano, MD, DOs 10/3/01 through 9/24/02 Morristown Memorial Hospital, DOS 1/21/02 through 1/22/02 John Lapchak,MD, DOS 1/21/02 Morristown Pathology Assoc, DOS 1/15/02 to 1/21/02 Phillip Rubenfeld, MD, DOS 9/25/01 to 10/25/02 Robert Fried,MD, DOS 5/1/02 to 7/18/02 HealthSouth Holdings, DOS 4/2/02 to 5/24/02 with treatment notes Roxbury Open MRI,DOS 10/19/01 Arash Emani and Steven Dorsky, MD 9/14/01 to 9/21/01 Tri County MRI, DOS 9/19/01 Fox Chiropractic 8/22/01 to 10/12/01 Pre-certification requests Certification of Dr. Giordano, dated 12/14/01 and report dated 8/26/03. Dr. Giordano states that he initially saw SK on 2/1/00 with complaints of back pain radiating down right leg His initial diagnosis was neuritis. A review of the MRI films of the low back yielded an impression of right L5-S1 disc protusion. Subsequent to the auto accident, he saw SK on 10/3/01 with complaints of right lower extremity sciatica. He compared the MRI films of 9/19/02 and found that there was a right L5-S1 herniation larger than before. On 1/21/02 he performed a right L5-S1 microsurgical discectomy. He concludes that the motor vehicle accident caused a prior herniation to worsen and ultimately require surgery. Reports of Dr. Giordano, dated 10/3/01, 11/1/01 Report of Lawrence Gelber, MD, dated 9/19/01 re MRI of lumbar spine with findings of early degenerative disc changes at L5-S1 with a broad based disc herniation extending more to the right than the left of midline with associated mass effect on the ventral contour of the dural sac and the emerging right S1 root. Similar findings were present on a prior study of 10/22/99. Certification of Michael Fox, DC, dated 3/13/02. Dr. Fox states that between July16 2001 and August 10,2001 SK was under his care for low back pain radiating into the right leg (acute neuritis/ radiculitis). At his last treatment before the accident, he noted that he was progressing well and responding to treatment. After the accident, he was seen on 8/20 but did not mention the accident until he was leaving. Another appointment was scheduled for 8/22 at which time the diagnosis was segmental somatic dysfunction of L5 with neuritis, radiculitis, low back. He continued to treat him to 10/12/01 with fair progress. Office records and bills are attached Records of New Jersey Pain Management, (Dr. Philip Rubinfeld) with operative report of 10/19/01(epidural steroid injection ), 4/17/00, 3/17/00, 2/25/00. Narrative report of Dr. Rubinfeld, dated 2/24/00 Report of Tri County MRI re study of 10/22/99 with findings of early degenerative disc changes, a mild generalized annular bulge, a small focal central disc protrusions and mild hypertrophic degenerative interfacet joint changes at L5-S1 bilaterally. Office records of Robert Fried, MD Records of Steven Dorsky, MD and Arash Enami, MD

CASE NO. 18 Z 600 07532 03 4 Report of Marc Cohen, MD, dated 12/14/01(below) SK testified that he had been under the care of a chiropractor prior to the accident. He said he used to get pain down his leg when he sat in a chair for about 30 minutes. He said that at the time of the accident he felt a jolt and was "shook up a little". He did not feel anything until he got back into his car when he felt a sharp increase in pain dwon the leg. He said that when he went to the chiropractor the next day, he told them of the accident. He had to hold onto the wall because he was having difficulty walking. He had initially injured his back some years ago when he was playing squash and treated with a chiropractor at that time. Respondent submitted the following: Police report MRI of Dr. Gelber, dated 10/22/99 (above) and 9/19/01 (above) Report of Marc Cohen, MD, dated 12/14/01. Dr. Cohen examined SK and reviewed records submitted. It was his opinion that the MRI's of 2001 were unchanged from the 1999 films and that the accident of 8/19/01 obviously did not cause any new change in his back problems. He opined that he was not in need of surgical intervention. Addendum to report of Dr. Cohen, dated 11/10/03. Dr. Cohen states that he again reviewed both sets of MRI films and agreed with Dr. Gelber that they were unchanged in 2001 from the pre-accident films. He concluded that the surgery was the result of a preexisting condition and degenerative conditions and not the auto accident. Report of Maria Addesa, DC, dated 10/11/01. Dr. Addesa examined SK on that date and her impression was of lumbalgia. She concluded that there was no direct relationship between the accident and his injuries. She found that he had reached maximum improvement and needed no further treatment. Estimate of damage to SK's car - total $259.75 representing $195.65 to replace a face bar chrome on rear of the vehicle. Picture of rear of SK's vehicle Report of Richard Harding, of Biodynamic Research Corporation, dated 10/23/03 with CV attached. Mr. Harding prepared a low impact analysis report and concluded that the post-collision clinical course of persistent lower extremity symptomatology leading to surgical intervention was inconsistent with the injury causation potential of this minor motor vehicle collision. This was supported by biomechanical and pathological literature, citations given. Transcript of EUO of SK. SK states that he experienced back pain around August 1999 after playing squash for a few years. He was having spasms which were starting to go down his leg. He went to his primary care physician who sent him for physical therapy for about 6 weeks at which point he said he was feeling better. He next saw Dr. Emani around June or July 2001 because his back started hurting again. He also had seen Dr. Dorsky who prescribed the MRI and physical therapy. He said he saw him again in January 2000 to get some extra sessions of physical therapy. He underwent the sessions of epidural injections in 2000. He said in May or June of 2001 he started getting spasms again in his back and a friend recommended Dr. Fox I have reviewed the submissions of the parties and heard the testimony of the claimant. I have a great deal of difficulty in finding that an accident that caused such minor damage to claimant's substantial vehicle (Toyota 4 Runner) could precipitate such physical changes in the condition of SK's back. He had a pre-existing condition for a number of

CASE NO. 18 Z 600 07532 03 5 years, that had gone into remission once, but had recurred 3 or 4 months prior to this accident. He was actively treating with the chiropractor at the time of the accident. Even his own expert who did both MRI studies admitted that the later set were similar to the earlier studies. I therefore conclude that the injury and resu

CASE NO. 18 Z 600 07532 03 6 This Award is in FULL SATISFACTION of all Claims submitted to this arbitration. 2/11/04 Date Margaret Knuetter, Esq.