Walks on Water? A Parable About Surgery From the Delaware IAB

Walks on Water? A Parable About Surgery From the Delaware IAB

Larry Kimmel's Kids at Beach   Larry Kimmel's Kids Enjoying Summer

Okay, so the ridiculously cute kids pictured above are Daniel and Juliette Kimmel, Larry's kids.  This case has nothing to do with Larry.....the kids are just THAT cute that they deserve to be enjoyed by everyone, and the  beach pics are an apt salute to the official end of summer......  After my last post regarding what a curmudgeon I am when it comes to unruly children, I wanted to redeem myself.  Since these are Larry's kids, I will assume they are quite well behaved...:>)

Today's post is about water....in a manner of speaking.  Once upon a time I wrote a feature called "Another Delaware UR Appeal: The Jesus Syndrome- Dr. Rudin walks on water" (7/1/10). Dr. Rudin's credibility factor at the IAB is a creature of legend....and most would say justified, given his involvement as the head of the  Delaware Health Care Advisory Panel for the IAB and author of the Practice Guidelines for the Low Back.    As such, it can be fairly said that if anyone "walks on water", he does.

That's what makes today's case so very remarkable.  Prepare to be astounded by Christopher Ned v. Garda Cash Logistics, IAB# 1379818 (8/30/12).  Claimant filed a DCD Petition seeking to compel payment for a low back injury prompted by two work-related events, occurring 12/14/11 and 12/15/11.  Of note, the Board granted a directed verdict in favor of the claimant, finding an "implied agreement" as to TTD benefits being paid without a formal Agreement, unbeknownst to defense counsel (don't you just hate it when that happens?)

The focus of the Board's deliberations after finding in favor of compensability was a surgery proposed by Dr. Rudin, specifically an anterior cervical discectomy and fusion.  Dr. Robert Draper testified as the defense medical expert.  He opined that the "claimant does not have the pathology Dr. Rudin claims exists so there is no reason to operate".  And who would have seen this coming-The Board ruled that Dr. Draper was more persuasive than Dr. Rudin.   Dr. Draper-- is he even licensed in DE?......certified under our Health Care Payment System?  Just askin'..........

How could this happen?

   The Board agreed that the MRI study was normal

   The Board agreed that an EMG was positive not for C-8 radiculopathy, but was at best suggestive of a possible C-7 radiculopathy

   The Board agreed that conservative measures had not been exhausted

As for anyone who doesn't believe that the Board scrutinizes each case on its own unique set of facts, without bias as to the players involved.......I guess this one proves you wrong big time. I think this decision may go down in the annals as Dr. Rudin's one bad day at the Board.  And as for defense counsel Nathan Gin, of Elzufon Austin Tarlov & Mondell--  all I can say is well done , my friend......well done indeed!

Should Mr. Gin care to send me a picture of his son, I will be happy to include it the next time I blog about one of Larry Kimmel's cases...LOL!!

Irreverently yours,
Cassandra Roberts

Delaware Detour & Frolic   Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts

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