LOIS Senior Associate Olivia Barna and Paralegal Rida Khan obtained a disallowance of psychiatric sites in a New York Workers’ Compensation claim. In this claim, the Law Judge found PFME for anxiety disorder. However, during the deposition, the psychologist rescinded the diagnosis and instead opined that claimant had adjustment disorder with mixed anxiety and depression. Anticipating claimant would attempt to establish one of both sites, Attorney Barna filed a detailed summation brief arguing that neither condition should be established. At the hearing, Attorney Barna strategically waived claimant’s testimony to avoid giving him an opportunity to rehabilitate his position.
During oral arguments, Attorney Barna argued that there was no PFME found for adjustment disorder with mixed anxiety and depression and therefore that site could not be established. Attorney Barna further argued that anxiety disorder must be disallowed as a matter of law because the doctor affirmatively rescinded her diagnosis. Attorney Barna also challenged the doctor’s credibility, noting her failure to consider the claimant’s prior Xanax prescription or explore the reasons for it, as well as her lack of awareness of claimant’s prior reporting anxiety despite claiming to have reviewed orthopedic records. After consideration of the arguments, the Law Judge upheld the position of Attorney Barna and disallowed both psychiatric sites. As a result of this favorable outcome, Carrier is not liable for any incurred bills in relation to treatment of the foregoing psychiatric sites.
