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Judge erred in not considering employer/carrier’s request for expert medical adviser once claimant’s one-time change choice of physician was rendered an authorized treating provider, thereby creating a conflict with the prior physician.

After the claimant suffered a compensable accident, the employer/carrier authorized Dr. Rosabald to treat her. Doctor Rosabald indicated that surgery was not necessary and released the claimant to return to work. What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi

Judge did not abuse her discretion in imposing a 50% penalty against the employer for refusing to pay fatal claim benefits because her decision awarding benefits contained an incorrect benefit rate and there was no evidence regarding the decedent’s wages.

A workers’ compensation judge issued a decision granting a fatal claim petition and ordered payment of ongoing weekly benefits to the claimant at the rate of 50% of the decedent’s average weekly wage at the time he last worked in 2010. What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggi