David Caswell v. Sikorsky Aircraft Corporation and Chubb Indemnity Insurance Company, ESIS WC Claims

In David Caswell v. Sikorsky Aircraft Corporation and Chubb Indemnity Insurance Company, ESIS WC Claims the Claimant injured left shoulder, left elbow, and left knee in an industrial accident. E/C accepted compensability of the Claimant’s industrial accident injuries but denied all care, compensability and future treatment for pre-existing arthrosis/chondrosis/degenerative joint disease as the workplace accident is not the major contributing cause of these conditions. The Claimant filed claims for authorization, scheduling, and payment of pre-op clearance and a total knee replacement as recommended by Dr. Saslow. This Motion was filed for Notice of Conflict in Opinions of Medical Providers Sufficient to Warrant Appointment of an EMA advising undersigned of a conflict in the medical opinions between Dr. Saslow and Dr. Desman. Dr. Saslow opined that the MCC of the Claimant’s need for a total knee replacement is the industrial accident. The statute provides that when there is a disagreement between two health care providers the JCC shall appoint an EMA within 15 days of receipt of a written request by either party. The JCC concluded that the EMA’s request was timely and GRANTED E/C’s Motion for Notice of Conflict in Opinions of Medical Providers Sufficient to Warrant Appointment of an EMA.

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