Chiropractic Hero Dr. Gary Lewkovich is taking on the “denials” for care from phony chiropractic reviewers.

Many IME’s are simply bogus. They cut off your right to med pay payments. They hurt your PI credibility. Fraudulent IME’s need to be challenged and discredited. Here are some tools you can use.

1. What “authority” is insurance doc using to limit care? If the Official Disability Guidelines [ODG]
2. If using the ODG, is there also a denial of rehab visits?
3. Does the IME doc use “Rehabilitation of the Spine”?
4. Is the IME doc licensed in California?
5. Does the IME doc reference ACOEM, if so, ACOEM does not specify whiplash associated disorders.

E-mail johntawlian@shawnsteel.com for a detailed copy of this report.CCA-Districts

San Gabriel Valley 02/02/2011
San Bernardino County 02/08/2011
Riverside County 02/15/2011
Long Beach 02/16/2011
Alameda County 03/03/2011
North Bay 03/16/2011

Tong & Associates

San Luis Obispo 02/05/2011
Riverside 03/05/2011
CCCLA 04/21/2011
Burbank 05/14/2011

For questions call John at 310-697-9000 or
e-mail: johntawlian@shawnsteel.com

Patient Santangelo, 39 - contractor, was driving his truck southbound 880, was rear-ended and pushed forward into the car in front of him. He sustained injuries to his back, neck, left shoulder and left biceps.

Santangelo received acupuncture, chiropractic and medical care. The crucial injury was a ‘torn bicep tendon’ to his left arm. He could not perform overhead activities and lifting is difficult. One MD opined that Santangelo would “need arthroscopy” for his shoulder and bicep.

Defendant offered $38,250 before trial. Santagelo demanded $50,000. After trial the jury awarded $148,813. The breakdown is important: $18,313 past medical costs + $22,500 future medical costs + $7200 past loss of earnings + $10,800 future loss of earnings + $90,000 for past and future pain and suffering.

Chiropractors Alireza Bagherian and Tyler Tollstrup of Belmont both testified for the victim. Two orthopedists also testified for Santangelo. Opposing plaintiff was Bruckman MD, San Francisco & Stroud PhD, a famous bio-mechanical, Thousand Oaks.

Plaintiff petitioned court for an additional $40,232 in costs for exceeding its pre trial offer to settle.

Santangelo vs. Galicia, Alameda County Jude Wynne Carvill: HG 08381973

PRACTICE TIP: Juries will be more generous if they believe the patient still suffers -- even after MMI.