|
|
|
|
|
|
Teamwork, persistence and an energetic defense defeated a fraudulent claim for worker's compensation benefits and led to a criminal conviction of the claimant. On January 12, 2001, claimant Freddy Tiner injured his right forearm when a hand drill he was using bound up and caused his arm to hit a wooden floor joist. Although claimant worked the next day, by the following day he sought treatment from Drew Werner, M.D., who diagnosed a significant right forearm contusion and prescribed Vicodin. Later, Dr. Werner assessed radial neuropathy vs. RSD and referred claimant to Dr. Sonnenberg, who provided a stellate ganglion block. Based on Dr. Werner's reports, Claim Representative Rhonda Norris of State Farm Fire and Casualty Company filed an admission of liability and began to pay claimant temporary total disability (TTD)
|
|
|
|
|
|
|
|
|
benefits. Dr. Werner continued to see claimant regularly and prescribed Percocet, Morphine, Elavil, Neurontin, Viagra, Amitriptyline, and MS Contin. In March 2001, Dr. Werner referred claimant to Daniel Bennett, M.D., who specialized in "Interventional Spine/Pain Medicine." Dr. Bennett diagnosed chronic regional pain syndrome, myofascial pain and depression. Claimant retained attorney Robert Turner, Esq., to represent him. After Dr. Bennett recommended implantation of a spinal cord stimulator for claimant's purportedly intractable pain, State Farm obtained a second opinion from Jeffrey Kesten, M.D., who agreed that a stimulator was appropriate. In May 2001 Dr. Bennett implanted the spinal cord stimulator. By August 2001, Ms. Norris suspected that claimant was exaggerating his claim and assigned Private Investigator Tony
|
|
|
|
|
|
|
|
|
Strawbridge to conduct surveillance. In the ensuing three months, extensive videotaped surveillance showed that claimant was using his right arm in a normal fashion to lift, push, pull and drive. At one point when Mr. Strawbridge was unavailable, a second investigator also obtained videotape of claimant using his right arm in a normal fashion. Mr. Strawbridge also followed claimant from Grand Junction when he drove to Denver for an appointment with Dr. Bennett even though claimant said he could not drive with his impaired arm. From May through the end of August 2001, Drs. Bennett, Werner and Kesten all provided treatment to claimant. Dr. Kesten in particular prescribed medication, physical therapy and a referral for a consulting opinion. In September 2001, State Farm
|
|
|
|
|
|
|
|
 |
|
 |
 |
|
|
|
|
Please RSVP to CHB seminar!
FREE BREAKFAST & LUNCH!
You are invited to attend the annual Workers' Compensation Update presented by Clifton, Hook & Bovarnick, P.C., on the morning of Friday, April 2, 2004, at the Denver Marriott Southeast, 6363 East Hampden Avenue. We will begin with a continental breakfast starting at 7:30 a.m., followed by the seminar at 8:00 a.m., and a luncheon buffet at noon. Seating is limited, so please RSVP with names of attendees before March 17, 2004 by telephoning Kimberly Otten at (303) 988-7692 or emailing kotten@chbpc.com.
|
|
|
|
|
 |
 |
|
|