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Workers’ Compensation Mock Trial

Workers’ Compensation Mock Trial. Presented to ASSE Joint Meeting with RIMS-Chicago November 15, 2011. Introduction. Mike Scully Arbitrator Michael Milstein Petitioner Matt Belcher Petitioner’s attorney. Rich Lenkov Respondent’s attorney Rob Seymour Surveillance expert. Timeline.

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Workers’ Compensation Mock Trial

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  1. Workers’ CompensationMock Trial Presented to ASSE Joint Meeting with RIMS-Chicago November 15, 2011

  2. Introduction Mike Scully Arbitrator Michael Milstein Petitioner Matt Belcher Petitioner’s attorney Rich Lenkov Respondent’s attorney Rob Seymour Surveillance expert

  3. Timeline • 9/5/10: Petitioner injures right knee while playing basketball. Seeks treatment with Dr. Anderson. No MRI ordered, prescribed pain medication. • 10/5/10: Petitioner returns to Dr. Anderson, continuing to complain of pain. Given additional prescription for pain medication. Petitioner does not follow-up. • 12/3/10: Chicago receives approximately 3-4 inches of snow. • 12/5/10 at 8:30 am: Petitioner, a salesman for MunderDifflin (a paper company) slips and falls on snow and ice in the parking lot injuring his right knee while coming into work. The parking lot is not owned by the employer. The parking lot is open to the public. • There is a contract with Mr. Plow to remove the snow and ice from the parking lot, but Mr. Plow has not done the job well and large amounts of snow and ice remained in the parking lot. • Case is denied by MunderDifflin’s carrier

  4. Timeline • 12/5/10 at10:00 am: Petitioner is seen at the emergency room. • X-rays do not reveal any abnormalities. Diagnosed with knee sprain and kept off work for 2 days. • 12/6/10: Petitioner retains Matt Belcher. Mr. Belcher makes demand for TTD and medical treatment. • 12/7/10: Petitioner presents to Dr. Kutem who orders an MRI, which reveals a torn medial meniscus. Dr. Kutem refers Petitioner to Los ExpensivosChiropracticos for chiropractic care. If chiropractic care is not successful, surgery recommended. • 2/16/11: Surveillance of Petitioner. • 12/7/10 - 3/13/11: Petitioner presents for 70 chiropractic sessions with minimal improvement. Petitioner incurs over $50,000.00 in chiropractic bills. • 12/7/10 - 3/13/11: Petitioner is kept off work.

  5. Timeline • 3/21/11- Petitioner undergoes surgery to repair the torn meniscus. • 4/4/11 - 5/30/11: Petitioner presents for physical therapy with Reputable Physical Therapy. • 5/31/11- Petitioner is released to the medium physical demand level. • 3/14/11 - 5/31/11: Petitioner is kept off work. • 6/1/11: Petitioner returns to light duty, no lifting greater than 30 pounds frequently and need to alternate between sitting and standing. Petitioner continues to complain of pain and weakness in his right knee. • 11/15/11: Trial set before Arbitrator Scully.

  6. Discussion • What are the key issues? • Who is more credible? • What evidence was strongest? • Who should win? • What did you think of the process?

  7. Rich Lenkov: rlenkov@brycedowney.com Mike Scully: mscully@brycedowney.com Michael Milstein: mmilstein@brycedowney.com www.brycedowney.com Rob Seymour:robert@insightgroup.us www.insightgroup.us Matt Belcher: m.belcher@belcherlawoffice.com www.belcherlawoffice.com Q & A

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