About Alex Babitsky

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So far Alex Babitsky has created 34 blog entries.

Independent Medical Examination: Workers’ Comp Fraud

Can statements made by a workers’ comp claimant to an IME physician be used to convict the claimant of workers’ comp fraud? The court in, Commonwealth v. Wilson, Mass: Appeals Court 2013, said yes. The court upheld the conviction for workers’ comp fraud based substantially on the misrepresentations by the [...]


Fibromyalgia After Soft Tissue Injuries Compensable in Canada

The March 2013 issue of the Journal of Rheumatology includes the article, A Medicolegal Analysis of Worker Appeals for Fibromyalgia as a Compensable Condition Following Workplace Soft-Tissue Injury. The cases studied were appeals for fibromyalgia after soft tissue injuries.   RESULTS: All injuries were of a soft-tissue type, without persistent [...]


Causation in Workers’ Compensation Cases: Diagnosis of Exclusion

Physicians determine causation in workers’ compensation cases primarily based on excluding other potential causes. The Journal of Occupational Medicine (London) ran an interesting article, How Physicians Allocate Causation: A Scenario Study With Factorial Design. The results and conclusion of the study are as follows:   RESULTS: The nature of the [...]


Orthopedic Surgeon Changes Mind After IME

The Louisiana Court of Appeals, in NITCHER v. NORTHSHORE REGIONAL MEDICAL CENTER, La: Court of Appeals, 1st Circuit 2012 dealt with an orthopedic surgeon, LaBorde, who wrote in his report that the claimant was not totally disabled and could return to sedentary work. The IME physician qualified that statement at [...]

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