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HomeMy WebLinkAbout06-0911 BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: ELIZABETH D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 36710 TREEVIEW CORPORATE CENTER 2 MERIDIAN BOULEVARD, SUITE 100 WYOMISSING, PA 19610 P:610-374-8377 F: 610-376-3105 ATTORNEY FOR PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA "TRAVELERS PROPERTY CASUALTY CIVIL ACTION - LAW 1105 Berkshire Boulevard Wvomissine. PA 19610 NO. C)t. - Q// Petitioner V. ROBERT TAYLOR 421 Fairway Drive Mechanicsburg, PA 17055 Respondent PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue a Writ of Summons in the above matter for the Respondent. BINGAMAN, HESS, COBLENTZ & BELL, P.C. Elizabeth D. _ Munigal, Esquire DATED: -> - 1q- 0(? ??. ? G't ?. U'2 `, c? d A.? .? r ? BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: ELIZABETH D. MCMUNIGAL, ESQUIRE IDENTIFICATION NO. 36710 TREEVIEW CORPORATE CENTER 2 MERIDIAN BOULEVARD, SUITE 100 WYOMISSING, PA 19610 P: 610-374-8377 F: 610-376-3105 ATTORNEY FOR PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRAVELERS PROPERTY CASUALTY CIVIL ACTION -LAW 1105 Berkshire Boulevard Wyomissing, PA 19610 NO. oL. - 9// Petitioner V. ROBERT TAYLOR 421 Fairway Drive Mechanicsburg, PA 17055 Respondent WRIT OF SUMMONS TO: Robert Taylor 421 Fairway Drive Mechanicsburg, PA 17055 You are hereby notified that Travelers Property Casualty has commenced an action against you. r Proth notary Dated: (o BINGAMAN, HESS, COBLENTZ & BELL, P.C. BY: ELIZABETH D. MCMUNIGAL, ESQUIRE IDENTIFICATION NO. 36710 TREEVIEW CORPORATE CENTER ATTORNEY FOR 2 MERIDIAN BOULEVARD, SUITE 100 PETITIONER WYOMISSING, PA 19610 P: 610-374-8377 F:610-376-3105 IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA TRAVELERS PROPERTY CASUALTY CIVIL ACTION - LAW 1105 Berkshire Boulevard Wyomissing, PA 19610 NO. 06-911 Petitioner V. ROBERT TAYLOR 421 Fairway Drive Mechanicsburg, PA 17055 Respondent PETITION TO COMPEL PHYSICAL EXAMINATION PURSUANT TO 75 Pa.C.S. 41796 1. Petitioner, Travelers Property Casualty (hereinafter "Travelers"), is an insurance organization doing business within the Commonwealth of Pennsylvania, with a principal place of business at 1105 Berkshire Boulevard, Wyomissing, Berks County, Pennsylvania. 2. Respondent, Robert Taylor (hereinafter "Taylor"), is an adult individual residing at 421 Fairway Drive, Mechanicsburg, PA 17055. 1 At all times relevant hereto, there was in full force and effect a policy of automobile insurance issued by Travelers to Taylor (hereinafter "the policy"), the coverage under which was subject to the terms and conditions of that policy and of all applicable laws. 4. On or about April 26, 2005, Taylor was involved in a motor vehicle accident in which he was a driver of a vehicle that was involved in a four-vehicle chain collision, as a result of which he initially complained of neck and low back pain, for which he continues to receive ongoing treatment. 5. Taylor's past medical history, prior to this April 26, 2005, accident, includes two prior motor vehicle accidents causing significant cervical problems, the treatment for which included a complete cervical corpectomy and fusion from C5 to C7, leading to significant residual stenosis. 6. Taylor's initial treatment following this motor vehicle accident included visits with his primary care provider, Joseph A. Cincotta, MD, along with physical therapy, and by July, 2005, his physical therapy was discontinued and he had returned to his work as a furniture restorer on a full time basis. 7. However, in August, 2005, Taylor began treating with Mark P. Holencik, DO, for ongoing complaints of constant and severe neck pain and more occasional low back pain, and he continues to treat with Dr. Holencik at the present time. 8. Copies of the relevant medical records establishing Taylor's treatment with Drs. Cincotta and Holencik are attached hereto collectively as Exhibit "A". 9. Issues have developed regarding the causal relationship between Taylor's ongoing cervical treatment and the April 26, 2005 motor vehicle accident; specifically, Dr. Cincotta noted on April 28, 2005, that even prior to this accident Taylor would have to take Excedrin on a daily basis for his "chronic pain"; Dr. Holencik notes in the August 23, 2005 note that he is "not usre what is `new' and what is old'; and he further indicates in his September 12, 2005 report that Taylor "will experience slow and steady progression of both his cervical and lumbar foramina] stenosis". 10. To resolve these causation issues, Travelers sent a questionnaire to Dr. Holencik, seeking answers to certain questions concerning Taylor's current status; a copy of the questionnaire that was completed by Dr. Holencik is attached hereto as Exhibit "B". 11. Dr. Holencik's answers to this questionnaire do little to flesh out the issues as to which Travelers has no knowledge; for example, on several occasions he merely refers to his previous office notes, which were not helpful in the first place in resolving these issues, he notes an undetermined course of treatment, that is palliative in nature, with a guarded prognosis with no significant improvement expected, but does not in any way address the impact of Taylor's significant pre-existing cervical condition. 12. Travelers is now in the same position it was at the start of Taylor's treatment with Dr. Holencik: faced with continuing treatment for his cervical condition, for which treatment it continues to pay, with no way of knowing, either from the medical records or directly from Taylor's treating physicians, whether this treatment is related to the April 26, 2005, accident or from his significant pre-existing history of cervical problems, and it now again seeks to obtain an independent medical evaluation of Taylor to determine this causal relationship. 13. The Pennsylvania Motor Vehicle Financial Responsibility Law provides that a Court may order a person to submit to a mental or physical examination by a physician, whenever the mental or physical condition of a person is material to any claim for medical or income loss benefits. Such order may only be made upon motion for good cause shown. 75 Pa.C.S.A. §1796(a). 14. Moreover, Taylor's own policy of insurance with Travelers requires that an insured "shall submit to mental and physical examinations by physicians selected by us when and as often as we may reasonably require". A copy of the portion of the policy issued to Jenkins referencing this obligation is attached hereto as Exhibit "C". 15. Good cause has been shown in the present circumstances to justify the entry of an order compelling Taylor to attend an independent medical evaluation, because of the several previous accidents in which he was involved, that required a complete corpectomy and fusion from C5 to C7, with continuing treatment, now almost one year post-accident, for severe and unrelenting cervical pain, where his own treating physician predicts the progression of his pre- existing cervical stenosis, with no significant improvement noted and no surgery expected, and because the continuing causal relationship between the April, 2005 motor vehicle accident and his current condition is seriously called into question, with no other way now to resolve this issue without an examination. 16. Travelers had advised Taylor's counsel, David Rosenberg, Esquire, of its intent to schedule an independent evaluation, by letter dated October 27, 2005; however, Mr. Rosenberg responded that his client would not voluntarily submit to such an examination at the present time, leaving Travelers no recourse but to file the instant petition. Copies of the exchange of these letters are attached hereto as Exhibit "D". 17. Travelers therefore has the right, not only by the terms of Taylor's own policy with Travelers, but through substantial good cause established pursuant to the Motor Vehicle Financial Responsibility Law, to determine, through an independent physical examination of Taylor, whether his current and ongoing treatment remains related to the accident at issue herein, thus justifying the granting of the instant Petition. WHEREFORE, Travelers respectfully requests that its Petition to Compel a Physical Examination be granted. BINGAMAN, HESS, COBLENTZ & BELL, P.C. f t± ? li ? f Elizabeth I7 cMunigal, Esquire Attorney for Petitioner VERIFICATION The undersigned, being duly sworn according to law, deposes and says that She is counsel for the party or parties indicated on the preceding page as being represented by said counsel, that She has examined the pleadings and the entire investigative file made on behalf of said parties, that She is taking this verification to assure compliance with the pertinent: rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth in the foregoing document are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsifications to authorities. Elizabeth D4,MWunigal, Esquire DATED: 3-d/- q BfNGAMAN, HESS, COBLENTZ & BELL, P.C. BY: ELIZABETH D. McMUNIGAL, ESQUIRE IDENTIFICATION NO. 36710 TREEVIEW CORPORATE CENTER ATTORNEY FOR 2 MERIDIAN BOULEVARD, SUITE 100 PETITIONER WYOMISSING, PA 19610 P:610-374-8377 F: 610-376-3105 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRAVELERS PROPERTY CASUALTY CIVIL ACTION - LAW 1105 Berkshire Boulevard Wyomissing, PA 19610 NO. 06-911 Petitioner V. ROBERT TAYLOR 421 Fairway Drive Mechanicsburg, PA 17055 Respondent CERTIFICATE OF SERVICE I, Elizabeth D. McMunigal, Esquire, hereby certify that a true and correct copy of the foregoing Petition to Compel Physical Examination Pursuant to 75 Pa.C.S. §1796 and Memorandum of Law in support thereof were mailed by United States first class mail, postage prepaid upon the following party(ies): Robert Taylor 421 Fairway Drive Mechanicsburg, PA 17055 ? l Elizabetk . McMunigal, Esquire °?? (?? DATE: Bowmansdale Family Practice ? 1kacey Court, Suite 101 N.cfdhanicsburg PA 17055 Phone (717) 591-096( Name: SFyppherdstown Family Practice 1 J 2140 Fisher Road Mechanicsburg. PA 17055 Phone (717) 766-1795 DOB: Dace 04/28/05 PROBLEM #1: MVA S: Patient here today for evaluation after an MVA. Two days ago, patient was stopped at a traffic light on Paxton Street, and the car behind him was rear-ended by a fruit truck. The car was then driven into his car, and his car struck the car in front of him. Patient was not wearing his seatbelt or shoulder harness at the time. His airbags did not deploy. Immediately following the accident, he had some mild neck pain and a headache, but the day after was complaining also of more pain in his lower back. He has also felt emotionally stressed as patient has had several previous accidents and orthopedic problems, and this emotionally set him back somewhat. He takes Excedrin generally a day for his chronic pain. He is denying any bowel or bladder dysfunction. No lower extremity weakness or paresthesias. O: Vital signs noted. Gait is normal. Patient is able to heel walk, tot; walk, and squat. Forward bending is limited at about 60 degrees, back bending at about 10 degrees. Side bending is unrestricted. Twisting aggravates patient's pain. There is tenderness to palpation over the lower lumbar area in the midline. Straight leg raising is negative. Reflexes are trace in the knee jerks and ankle jerks. Neck is mildly tender with good ROM. A: Cervical and lower back pain secondary to MVA. P: 1. Obtain C. spine series and LS spine series. 2. Continue Excedrin for pain. 3. Course of physical therapy. 4. Recheck patient in 4 to 6 weeks. PVU. PROBLEM #2: Thvroid nodule S: Patient raises the issue of a thyroid nodule while he is here today, but this is unrelated to his MVA. He was previously evaluated for thyroid nodules about a year and a-half ago and was advised on a followup ultrasound but did not have that done and is requestin an order for an ultrasound to be performed. ??\??6111819 \ P: Prescription written for patient to have followup thyroid ultraso I v% uate rice I 2OZ receive the report. t PVU. sr. RECEIVED Joseph Cincotta, M.D./lawRS 2i .1 EXHIBIT A Page# 0? Bowmansdale Family Practice ? iKacey Court. Suite 101 Mechanicsburg. PA 17055 Phone (717) 591-0961 Name: Date 05/25/05 PROBLEM: MVA Shepherdstown Family Practice 2140 fisher Road Mechanicsburg. PA 17055 Phone (717) 766-1795 10/06/45 S: Patient here today for followup of his MVA. Unfortunately, he continues to have problems with ongoing pain in his back. He is attending physical therapy three times a week, but progress for pain relief has been slow. He has been using Excedrin with some relief of the pain, but not total. Patient is able to work at most 4 hours a day in his furniture refinishing work because he has increasing pain in his back. This has been a significant impact on his work. In addition, it has had an emotional impact on him where he has felt more depressed and concerned about slipping back into some of his substance abuse habits, particularly with regard to alcohol. He has not had a problem with those issues for some time, and he is looking for some assistance at this point to help avoid that self-destructive type behavior. Patient has been treated in the past for depression and has also been on treatment for pain in the past. P: 1. Will reinitiate patient's Lexapro 10 mg. daily. Prescription given. 2. Also reinitiate Amitriptyline 10 mg. nightly to help with some pain relief. 3. He is to stay on his Excedrin, continue physical therapy, and we will follow up with him in a month. 4. He is to call sooner if problems develop more acutely. PVU. Joseph Cincotta, M.D./law,904It,--// Page # d ., wmansdale Family Practice ? tKaceyCoUrt. Suite 101 i' +echanlcsburg. PA 17055 Phone (N) 591 0961 Date 06/15/05 Shepherdstown Family Practice 2140 Fisher Road Mechanicsburg. PA 17055 Phone (717)766-1795 10106145 Seen at: S: Patient here today for followup of his MVA. Notes that he is now able to work three half days a week and two full days a week. He is working at a new company doing furniture refinishing, and this seems to be going satisfactorily for him. He continues to attend PT on a regular basis and verbal report from the patient regarding PT is that the therapist wants him to continue for another couple of weeks on therapy. He does feel better from a psychological standpoint on the Lexapro and the Amitriptyline, and his pain is under better control. O: Exam deferred today. Vital signs noted. A: 1. Pain and disability from MVA is improving. Patient is now back to work about'/< time. 2. Depression, improving. P: 1. Continue current regimen of pain management, physical therapy, and gradual increase in his level of work back to full time. 2. Will reassess again in 3 weeks. PVU. Joseph Cincotta, M.D.Aaw? s AUG o 2a0G TRA'E"RS "A"3 PEA -DING, PA Page # Bowmansaafe-farrily Practice ? t Kacey -uut butte i01 4Ec :hurt t' 055 Phonc 1J)S)i ;)61 Name: DOB: Shepherdstown Family Practice 2140 hsher Road Mechanicsburg. PA 17055 Phone (717)766-1795 Seen at: BFP Date 07106/05 PROBLEM: MVA, back strain S: Patient here today for followup. Has finished up his course of physical therapy and is getting back in to work now full time. With the holiday on Monday, he did not work but otherwise, this v.,)uld have been his first full-time full week of work. He will put in his first full week then next week. He is still dealing with some chronic pain, but feels it will just take some time for this to work out. P: 1. Will be discontinuing his physical therapy. 2. 1 will be discharging him for this problem. 3. Will follow up as needed. 4. As a note at the end of the visit, patient made mention that he has several other health concerns that are not related to his MVA, and we will schedule a separate visit to address those non-MVA-related health issues. PVU. Joseph Cincotta, M.D.llaw AUG G 24,95 7R MERS INS. R. n ? In n 1t??u, rd 61 Page # CONSE Mark P. Holenclk, D.O., F.A.O,A.O. 40 Brookwood Avenue Carlisle, PA 17013 Phone: (717) 243-0241 (717) 243-4395 Fax: (717) 243-4019 August 23, 2005 Joseph Cincotta, MD 2140 Fisher Road Mechanicsburg, PA 17055 RE: Robert Taylor SS: 193-36-1134 MVA#: 278 PPL 060017 DOI: 4/26/2005 Dear Dr. Cincotta: Robert Taylor is an alert, conversant and pleasant 59-year-old male who arrives at the office today for evaluation of injuries sustained in a motor vehicle accident about 4 months ago on or about 4126/2005. He was the unrestrained driver in his own small imported car at a stop sign between two vehicles, with one in front of him and one behind him, all stopped. A commercial "food" truck of considerable size and velocity struck the car behind the patient at approximately 35 miles per hour and drove the car behind the patient into the patient's car striking its rear bumper and driving the patient's car hard forward with Robert's front bumper striking the rear of the car in front of him. He states that he struck the steering wheel and hyperflexed his cervical and lumbar spine as well as hyperextending both areas of the spine. Although he had undergone previous fairly extensive neck surgery and had been feeling quite normal for several years of function after that, he declined any hospital evaluation and states that he felt "okay that day" and he returned to wefkthat day job he has wittl?estoring and refinishing furniture. 4- aq Page 2 RE: Robert Taylor MVA#: 278PPLO60017 The accident occurred on a Tuesday and by Thursday, 2-3 days later, he called you at the office with severe and circumferential basilar neck pain with interscapular pain and also, for the first time he could ever recall, severe basilar lumbar pain with some radiation into the bilateral buttocks in sciatic notch. He went for plain radiographs of the neck and back and the lumbar studies were interpreted as negative but actually demonstrate a bilateral pars defect at L5 which is quite obvious and a grade I anterolisthesis at L5-S I . Since the hard copy of the films were not reviewed by anyone after the radiologist, it would seem that everyone labored under the misconception that this patient had benign radiographs. I have written a letter to the radiologist asking her to again review these diagnostic studies in light of my recent interpretation of which 1 am quite. sure. His cervical radiographs demonstrated extensive post surgical changes with a circular wire mesh cage inserted to account for what amounted to a complete corpectomy or vertebral body excision of C6 and probably partially C5 above inferiorly and C7 below superiorly. There is a long plate with screw fixation that bridges the grafted defect. The patient states that he underwent this cervical surgery conducted by Dr. Steven Wolf, a local spinal surgeon, in 1999, about 6 years ago. He states that he got well after surgery and had no doctor visits with his neck or any diagnostic studies for a couple of years until sometime in 2001 when he was struck broadside at speed by another vehicle when he was driving through an intersection and was struck so hard that his "car rolled over" and he reinjured his neck. He came under the care of Dr. Rychak who diagnosed bilateral carpal tunnel syndrome. The patient did not have low back pain at that time, he states, nor was he treated for it or have any diagnostic studies for it. He states also that he has been without any symptoms for about 18 months leading up to this current event which has now caused him to experience recurrent bilateral hand numbness, cramping, and some weakness and also for the firsf time in his it ow back p*' ith bilateral buttock discomfort as described. 4j?`i R Page 3 RE: Robert Taylor MVA#: 278PPLO60017 He was sent to First Choice Physical Therapy and has had literally a couple months of therapy from early May until August, and still he demonstrates dismal hamstring flexibility and symptoms that have remained unchanged. He complains of bilateral radiative arm pain with hand numbness and tingling and basilar neck and periscapular pain with severe diffuse and disabling basilar lumbar discomfort and some proximal buttock radiation. He takes no prescription medications and is using Excedrin for his pain. He has no medicational allergies. His systems review is otherwise benign. There is no history of heart attack, angina, cardiac catheterization, hospitalization, valve disease, murmur, or congestive heart failure. There is no history of liver or kidney disease or blood dyscrasia. There :is no history of cough, hemoptysis, asthma, or TB. He has no history of diabetes or thyroid disease or seizure or stroke. There is no history of gastric ulcer, hematemesis, rectal bleeding, or significant recent weight loss or gain and no dysuria, hematuria, or incontinence. His orthopedic history has been discussed. He requires no assistive devices. He denies previous transfusion, hepatitis, HIV, or cancer. His surgical history includes the ACDF with corpectomy and extensive interbody grafting and plate and screw fixation in 1999 with successful outcome. He also underwent an ancient anterior arthroplasty of his left shoulder for post traumatic glenohumeral instability. A few years back he underwent a cystoscopy for retrieval and removal of a kidney stone that he "could not pass". He has no problems with anesthesia. Father and mother are both deceased of "old age" and he has foti`sPer and three brothers. His FP employment has been described and he is currently single with one fema from a previous marriage. He does not smoke and admits to social alcohol. ONX Page 4 RE: Robert Taylor MVA#: 278PPLO60017 Clinically he is alert and conversant and appears somewhat younger than his stated age of 59. He is 5 feet 7 inches tall and weighs 170 pounds. He is right hand dominant. He transfers with minimal to moderate lumbar dyskinesia and has moderate lumbar paraspinal spasm. He demonstrates dismal hamstring flexibility, able to flex in a level stance phase bringing his fingertips only to about the proximal thigh before he tightens up posteriorly with paraspinal spasm and midline basilar pain and some mild proximal buttock radiation into the sciatic notches. He does not specifically lateralize to one side but has bilateral radiative buttock symptoms with terminal flexion or extension beyond about 15 degrees with again, a coexisting midline lumbar ache. Heel and toe walking are intact. Side bending and rotation cause basilar lumbar pain and are present to only about 113 of normal again secondary to marked paraspinal lumbar spasm. He has a level stance phase. In the seated position he has no pain to passive internal rotation of either hip. He has symmetrical thigh and leg circumferences. He has a full range of ankle„ knee and hip motion bilaterally with no crepitation, effusion, or palpatory tenderness in the knees or ankles. He has good pulses to the feet. He has no ankle clonus or hyper-reflexia. He has symmetrical patellar and Achilles reflexes. He demonstrates no cutaneous changes compatible with chronic venous or arterial insufficiency with bounding pulses to the foot and ankle. He does have some irritability with straight leg raise testing causing low back pain and buttock discomfort and in this case sciatic tension maneuvers do lateralize. Left sided straight leg raise testing causes only posterior thigh and hamstring discomfort. Prone femoral stretch testing causes only low back pain probably secondary to facet arthritis. ID .as His cervical spine is irritable. He demonstrates only about 25°? 50tkt+real rotation in either direction and about 25% of normal flexion-extension or side bending. T al rotation or N flexion-extension cause significant posterior semicircumferentjai* ?lar neck pain. Spur r' c+ '5 s Page 5 RE: Robert Taylor MVA#: 278PPLO60017 maneuver is positive bilaterally reproducing periscapular pain with even gentle axial compression. He demonstrates a full range of right shoulder as well as elbow, forearm, wrist and hand motion. He experiences irritability and vulnerability with passive external rotation of the previously operated left shoulder and I believe probably has some residual anterior instability issues with a well-healed anterior scar with significant apprehension to provocative testing for instability. He demonstrates no palpatory tenderness over the AC joint or sternoclavicular joint. Adson's and Roos testing is negative. He demonstrates robust resisted deltoid and biceps strength with some triceps weakness on the left and fairly significant power grip weakness on the left. He demonstrates moderate thumb index pinch weakness bilaterally, He has intact thumb opposition and intact interosseous strength. His neurologic deficits are in a mixture of C6 and C7 root. I am not sure what is "new" and what is old. He insists that his hand numbness is new and he is not aware of his weakness until he was tested although he has been less than fully functional in some of his lifting and work activities. He states that his left hand is "always numb". He does have a positive Tinel's test at the volar left wrist and he also has a fairly promptly positive Phalen's and reverse Phalen's test again on the left. He probably has some coexisting pressure tenosynovitis at the wrist or carpal tunnel syndrome but with his degree of neck irritability and with his triceps and extrinsic grip weakness it makes me think that he has a "double crunch" syndrome with both some proximal and peripheral nerve entrapment. This man needs prompt dynamic or motion studies and should have standing lateral flexion extension lumbar radiographs and also dynamic motion studies of his cervical spine with lateral flexion-extension views. He also needs a cervical and lumbar NM with particular attention to the caliber of the nerve canal and foramen. I gave him appropriate prescriip o r same. I gave him some Ativan 1 mg pills to use sublingually for anxiety as he is claus e?Phobic: Igawe him some <F Vicodin 51500 mg pills to be taken as needed for pain. ion Q Page 6 RE: Robert Taylor MVA4: 278PPLO60017 DIAGNOSIS: 1. High velocity cervical straintsprain superimposed on clinically quiescent ancient corpectomy and fusion from C5 to C7 with recurrent C6 and 7 radiculopatby bilaterally and possible coexisting post traumatic carpal tunnel syndrome bilaterally left worse than right. 2. Lumbar strain/sprain with bilateral isthmic defect L5 and grade 1 lumbosacral auttrolisthesis with "mechanical" low back pain and atypical presentation of sciatic radiculopathy - diagnostic studies pending. Sincerely, V.V Mark P. Holencik, DO MPHfdlb Dictated but not read cJ F? ;?s ?J`ZP 000 ??V GONSEI D IVE R*he Mark P. Holencik, D.O.;F.A.O.A.O. 40 Brookwood Avenue Codisle, PA 17013 Phone: (717) 243-0241 (717) 243-4395 Fax: (717) 243-4019 Joseph Cincotta, MD 2140 Fisher Road Mechanicsburg, PA 17055 Dear Dr. Cincotta: September 12, 2005 RE: Robert Taylor SS: 193-36-4134 MVA#: 278 PPL 060017 DOI: 412 612 0 0 5 Robert Taylor was evaluated about 3 weeks ago after a several month-old high velocity cervical strain/sprain after ancient extensive anterior fusion surgery and also a high velocity lumbar strain/sprain superimposed on what was apparently a previously asymptomatic and unrecognized bilateral pars or isthmic defect at L5 with a grade 1 anterolisthesis at L5-S1 and some mild foraminal compromise at that level. The patient has had several months of physical therapy at local facilities and has been able to return to work full time as a furniture refmisher and craftsman, but he complains of virtually constant panspinal "axial" pain without much in the way of radiculopathy. He still has some residual C7 radicular findings in his upper extremities after an ancient C6 corpectomy with plate and screw fixation and insertion of cage and bone graft. He has some triceps and power grip weakness and this remains evident clinically, today a bit left worse than right. Most of his pain, however, is midline or axial or so-called " n EbE 1V E D mostly due to failure of annuli or pericapsular structures more than nerve root irritation. C V OCT 1: 0 M His plain radiographs of the lumbar spine were previously under-reported and flexion-extension views demonstrates only a minimal dynamic component and he essentially hWAr %kADING, PO anterolisthesis of L5 on S 1. MRI shows a bulging disc at that level with some foraminal Page 2 RE: Robert Taylor MVA#: 278 PPL 060017 compromise bilaterally involving the L5 root. No significant central canal compromise or large disc hemiation. Cervical radiographs previously had demonstrated some foramina] encroachment at C5-6 and C6-7 right and C6-7 left. This will gradually regress as the fusion mass matures but I wonder aloud whether there is complete and solid fusion at the superior mass of the fusion at C4-5. There is some element of fluid formation evident on MRI there and his plain radiographs demonstrate that the top four vertebrae move along with the skull en masse and that his fusion mass remains basically immobile, so there is an approximate 3 mm anterolisthesis of 4 on 5 in flexion that reduces in flexion. Over the years this has caused ligamentum flavum hypertrophy posteriorly with some intervertebral settling and traction osteophytes formation anteriorly. This has resulted in a circumferential moderate stenosis at C4-5. On cross sectional images, instead of having a plump ellipse of cord with a halo of so-called spinal reserve capacity, reserve capacity at C4-5 is completely eliminated an the cord demonstrates anterior-posterior compression into a flattened oval with an approximate 50% decrease in anterior-posterior canal caliber. This would render the cord significantly predisposed to contusional injury in the face of a whiplash type injury mechanism with secondary cord edema. When there is reserve capacity and a whiplash type injury, the bony elements circumferentially are able to move without contacting cord. If there is moderate stenosis and absent reserve capacity, then the cord sustains a contusional type injury with resultant secondary neck pain and spasm and a variable amount of radiative arm symptoms. RECEIVED Clinically today I have described the patient's upper extremity findings and lower extremity findings and he has a negative straight leg raise test with mostly mechanical pp pS WtilhQ M hamstrings and marked transfer dyskinesia with paraspinal spasm. I p1 d11im in a modular IIoWuT-W sPA FLA V-loc lumbar brace and this device is to be worn at all times when he is up and d abpou . Page 3 RE: Robert Taylor MVA#: 278 PPL 060017 optional for sitting. He can take it off for sleeping. I fitted him with it and he felt much better in the brace making me think that his mechanical pain is due to subtle or smoldering segmental instability at the lumbosacral level. As long as he is neurologically stable, there is no need for surgical consideration at either level, although he will experience slow and steady progression of both his cervical and lumbar foramina] stenosis. His cervical situation will almost certainly be the biggest problem in the long run. I gave him some Percocet to take as needed for pain and expect 60 of these pills to last him for the next 3 months. He did not like the way he felt on Vicodin and states that it gave him GI upset. I will comment on his progress when he returns in December for re-evaluation. In the meantime, since he is working full time at essentially full duty with some heavy lifting limitations I am satisfied with his limited progress. Sincerely, Mark P. Holencik, DO MPH/dlb Dictated but not read cc: Auto Insurance Carrier RECEIVED OCT 10 2P TMVRBIS REQK ,A Tuesday, December 13, 2005 4:38 PM Jean Terwilliger 717-243-4019 December R, 2005 Joseph Cincotta, b1D 2140 Fisher Road Mechanicsburg. PA 17055 RE: Robert Taylor SS: 193-36-4134 MVAR: LOO0017 DOI: 4126-7005 Dear Dr. Cincotta: Robert returns today last seen about 3 nioriths ago with the combination of a high velocity cervical strain!sprain with cervical radiculitis left worse than riglit. I believe he has cervical root and cord co tuaion of C4-5 above his previous ancient fireion tunsa and nleo had soma alentettte of radicular dysfunction of tie roots associated with his previous surgery more caudally n:unely C6-7. He leas demonATated weakness in his tlppere\treniities but arrives today contplainin, bitterly of relentless and disabling constant neck pain, suboccipital headache, and deep boring periscapular and trape2ial pain left worse than right. He also has sonne low back problemst a grade I isthniic spondylolisthesis at L5-S 1 with soma sciatica, but ha states that the tow back and radiative buttock and thigh pain is "on and off 'and that the neck pain is "constant" and with hits everywhere. He cannot make any plans without having to REEE;V:-•-= alter his plans or activity levels based on his degree of syniptoni%'t ?Aur zJ"' 'MR Previous studies have sboun frank cord displacement and defownaotAt£4t5 VITII significant stenosis and 1 believe since the majority of his syntptotus are in the neck and periscapular area and that some of his more distal radiation has resolved, that C4.5 is our pain generator for nost of his rtatient Rymptans. Page 2 RE: Robert L Taylor p.02 I Tuesday, December 13, 2005 4:38 PM Jean Terwilliger 717-243-4019 P.03 MVMi LOC. 0017 Clinically toclay he has hi ibar c15;skiuesia with paraspinal spasm and straight leg raise testing in the rented position reproducing only deep boring buttock and axial basilar lumbnr type pain. Ha has no ankle clonus or hyper-reflexia. He has no pain to passive internal rotation of either hip. He has about 60-70"a of a normal range of lunlbosacral notion in both rotation and flexion-extension. His cervical spine is e-trelnely irritable. He has less than half of cervical rotation to zither side and has stabbing left basilm neck pain as ,in endpoint with both ipsi and contralateral rotation. Flexion- extension is dysknndtlc and aecolilpanied by significant spasin in the heck and upper dorsat area Ind ha fine etnt+bing bneiltu• rack pain ne mn endpoint with tlaxion or alteneion. Siila baurling ie nlnuist nil. I did not perform a Spurling's maneuver owing to his previous eliensive fission surgery and the potential for disruption with axial loading. He dennonstrates no long tract signs. He has no percussive irritability of the carpal or cubital hinnels. He demonstrates intact deltoid Gild biceps strength with triceps sonnewhat weak in the left thigh as is power grip and thumb index pinch function- Neveitheless, his neurologic finllction is better on the tell today than it was Iast visit. He has intact wrist extensors and intact interosseous fijection. I air sending him fora cervical epidural injection at C4-5 eccentric left under tlioroscopic Control with Dr. Mouiin and if the first injection wins hint considerable relief then it should be repeated in die first several weeks after his sy-nnptonns recur for a better long tenon outconne statistically. If the first injection does not give him any relief; then be should not have a second injection and come back here to plan alternative strategy. Sincerely, ?Iarkk xotdnci -. DO h?> x-alb RF rs -=euLtT..:ts Dictated but not read s` `r^ cc: Auto Insurance Carrier DEC 1?l uai ?vi«w ,1i oIt__oo-+? Jrtl,1HL 1-NuutUUNL C HEAL.THSO UM. SPECIAL PROCEDURES CLINIC Malik N, Momin, M.D. - Medical Director -4. PROGRESS & PROCEDURE NOTE rcu- n[ NAME: TAYLOR, ROBERT PATIENT #: 0013: 10/06/1945 DOS: 12/19/2005 REFERRING PHYSICIAN: Dr. Mark Hole v ik PROGRESS: The patient is a 59-year-old male with chronic neck pain, bilatera upper extremity radiculopathy which is related to a motor vehicle accident he was involved in rr April 26th and a previous history of anterior cervical disk fusion with residual stenosi: , most prominently at C4-5, C5-6 levels to have a cervical epidural steroid injection. EXAMINATION: As per initial evaluation. PROCEDURE: The patient - family member _ has been informed of the ri: k; and benefits of the planned procedure. Cervical epidural steroid injection at C4-5, left side. After obtaining informed consent, the patient was taken to the fluoroscopy room and pt cad)n the prone position. The patient was identified by arm band. The site of service was id, reified and confirmed with the patient. Sterile prep and drape. 1% lidocaine was injected ii b ti tl e skin and deeper tissues. Using a translaminar approach at C4-5 towards the left is e,?a 20-gauge 3 Vz-inch needle was guided under fluoroscopy and using the loss of res -,t ante. technique into the epidural space. After confirming placement and negative aspiration fo 1 ,food or cerebrospinal fluid, 10 ml of normal saline and 80 mg of methylprednisolone was inj !c ted. The patient tolerated the procedure well. COMPLICATIONS: None. FOLLOW UP: The patient will be following up with Dr. Holencik as scheduled. The I adent knows to give us a call should a repeat injection be needed or possibly a lumbar a ii lurai steroid injection. Malik Momin, MD c: Dr. Mark Holencik Dr. Joseph Cincotta DD: 12/1912005 10:08 DT: 12/21/2005 10:31 MM/JC fa N° Page 1 of 1 CHART COPY _ 175 Lancaster B/vd., MechanlaSburg, PA 17055 Phone (717) 691-3731 Fax (717) 591 3 J58 to•d IV3Aa srPauL TRAVELERS Travelers Personal Insurance Co P.0 Box 13485 Reading, PA 19812-3485 Susan Beck Claim Anaylst Phone: 610-736-2465 Fax 610-371-3774 Toll Free: 800-842-9897 x2465 October 27, 2005 MARK HOLENCIK, DO CONSERVATIVE ORTHOPEDICS 4520 UNION DEPOSIT RD HARRISBURG, PA 17111 Re: ROBERT TAYLOR Claimant 4: LOGOOI7 Date of Loss: 04/26/2005 Dear Dr. Holencik In an effort to better estimate and accurately benefit the type and amount of care required by this claimant, please respond to the following questions and return in envelope provided: 1. What are this claimant's current, and ongoing, diagnoses? ?? }- nu f ^, n o eY 2. What is this claimant's anticipated length oftreatment9 3. Is ongoing treatment considered p Iliative curative or maintenance? 4. What is this claimant's prognosis for complete recovery? pS RM1? r?5 Has this claimant reached a plateau in treatment or is significant improvement ?J expected? ` _ {XHIBIT 8 Told qViol 6. What modalities will be employed and wSat is the expected effect of each? ruu 1? What current diagnoses and treatment are related to the motor vehicle accident of ( dol)? Doctor Signature: Date: It l `` O? Thank you for your assistance and cooperation in this matter and for providing care to our claimant. Sincerely, Susan Beck Claim Analyst 5 Q?? vehicle' involve d in an acci- dent unless it was parked in a manner as to create an on- reasonable risk of injury. 112 or more policies have equal priority witbin the highest applicable priority levrL 1. The insurer against which the claim is fun made shall process and pay the claim, up to its limit of lability, as if wholly responsible subject to sub- scqucnt contribution pro rata from any other insurer for the benefits paid and the cost of processing the claim. If such contribution is sought among Insurers under the Fourth priority, proration shall be based on the number of in- volved motor vehicles; and 2. The maximum recovery under all policies will not exceed the amount pay- able under the policy with the highest dollar limits of benefits- HL CONDITIONS A. Notice. If an accident otters, written notice adequately identifying the insured and re asonably accessible fads cooccr sing the time, place and circumnavecs of the ac- cident shall be given as soon as practicable by or ou behalf of each insured to us or any of our authorized agents. B. Medical Reports; Proof of Claim. As soon as practicable the insured, or someone on his or her behalf, shall give us proof of claim, under oath if required, fully describ- ingthe nature and "cut of "bodily injury", treatment and rehabilitation received and contemplated and other information to as- sist us in determining the amount due and payable. Proof of claim shall be made upon forms fumighed by us unless we fail to supply such forms within 15 days after receiving notice of claim. The "insured"shall submit to mental and physical examinations by physicians selected by us when and as often as we may reasonably require. We will pay the cone of such examinations. The 'nsured" (or, in the event of such person's incapacity or death, his or her legal representative) shall, if see request, sign papers to enable us to obtain medial reports and copies of records. A copy of such medical report will be forwarded to such insured"upon his or her written re- quest. If "income loss"benefits are claimed, the "insured"preventing such claim shall authorize unto obtain details of au earn- ings paid to him or ber by an employer or earned by him or her since the time of the injuryor during the year immediately preceding the date ofthc accident. C. Customary Charges For Treatment. The amount we will pay to a person or institu- tion providing treatment., accommodation, products or services to an 'insured" for an utjury covered by benefits for 'medical ex- penses" shag not exceed the amount the person or institution customarily charges for like [reatmenr, accommodations, products and services in cases involving no insurance. NON-DUPLICATION OF BENEFIT'S No one will be entitled to recover duplicate payments for the name elemcuts o f loss under this or any other similar automobile insurance including self-insurance. PAYMENT OF ACCIDENTAL DEATH BENEFITS The'Yccidental death" Benefit under this policy will be paid to the executor or ad- ministrator of the deceased "atsurcd's" estate. If there is no executor or administrator, benefits shall be paid to: 1. The deceased msured's"surviving spouse; or 2. If there is no surviving spouse, the deceased "bitured's"children; or 3. If there is no surviving spouse or surviving children, to the deceased "insured's'csiatc. TIC Endorsement Symbol Numbor P14738 12-95 Page S of S EXHIBIT A37021 EXHIBIT (% Susan Beck T PA U L Travelers Persona! Insurance Co Claim Representative .Cl Reading Claims Office Phone Number (610) 736-2465 TRAVELERS PO 8°x13485 Fax Number (610)371-3774 Reading, PA 19612-3485 10/27/05 David Rosenberg, Esquire 1300 Linglestown Rd. Harrisburg, Pa. 17110 Claimant: Robert Taylor Claim#: LOG 0017 Date of Loss: 04/26/2005 Dear Mr. Rosenberg : Under the Conditions of the First Party Benefits Endorsement with Travelers Insurance auto policy, it states that "The `insured' shall submit to mental and physical examinations by physicians selected by us when and as often as we may reasonable require. We will pay the costs of such examinations." At this time we are exercising our right to request that Robert Taylor attend an Independent Medical Examination with regards to injuries s/he sustained in the motor vehicle accident on 04/26/05. This claimant has documented indication of extensive prior cervical spine surgical history as well as documentation of a probable congenital condition in the lumbar spine, therefore we are requesting an IME at this time to determine the claimant's current status relative to the mva versus preexisting conditions. Travelers has requested MES, a licensed independent review company, to set up the Independent Medical Examination. Please expect to be contacted by a representative from this agency with regards to the examination. If you have any questions regarding this appointment, please call me at 610-371-2465 or 800-842- 9897, extension 2465 for assistance. Sincerely, Beck Claim Adjustor j7CN.161T D andler, ¦ snningb ATTC>R'tr---YS AT LAW Leslie B. handler, Retired W_ ScottH,nning David H Rosenberg (PA, FL) Carolyn M. Anner (PA, NY, RN) Matthew S. Crosby (PA, NJ) Gregory M. Feather (PA, NJ) Stephen G. Held Jason C. Imler Susan Beck Travelers Insurance Company P.O. Box 13485 Reading, PA 19612 MAIN OFFICE <- ` 1300 Linglestown Road Harrisburg, PA 17110 717-238-2000 1-800-422-2224 717-233-3029 (fax) +'m; r October 31, 2005 LANCASTER OFFICE 717-431-4000 CARLISLE OFFICE 717-241-2244 www.HHRLaw.com Rosenberg@hhriaw.com Re: Our Client Robert L. Taylor Your Insured: Robert Taylor Claim Number: 278 PPL 0GO017T Date of Loss: 4/26/2005 Dear Ms. Beck: I am in receipt of your letter of October 27, 2005. In that letter, you indicate that you want Mr. Taylor to submit to an insurance medical examination. I wish to advise you that Mr. Taylor is not going to submit to such an examination at this time. You have to obtain Court approval for such an examination and submit good cause to the Court. Just because a client has a prior problem does not mean that you automatically have the right to conduct an insurance medical examination. You have to show some good cause. Have you questioned his treating physicians as to whether this treatment is related? What other steps have you taken other than saying in your letter that you just want him to have an examination, since he had a prior problem? I look forward to hearing from you concerning this. We certainly will cooperate with whatever is reasonable, However, I do not believe your request is reasonable nor have you set forth a good case as to why an examination is reasonable. Under Pennsylvania law, you certainly can conduct a Peer Review if you feel there is a problem in this matter. I look forward to hearing from you. Very truly yours, HANDLER, HENNING & ROSENBERG, LLP By: David DHR/tgd cc: Robert L. Taylor TRAVELERS PROPERTY CASUALTY, Petitioner V. ROBERT TAYLOR, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-911 CIVIL ACTION - LAW AND NOW, comes the Respondent, Robert Taylor, by and through his Attorneys, HANDLER, HENNING & ROSENBERG, LLP, by David H Rosenberg, Esq., and files his Answer in opposition to Petitioner's Petition to Compel Physical Examination pursuant to 75 Pa. C.S. § 1796, and in support of this Answer represents: 1. Admitted. 2. Admitted. 3. Admitted. It should be noted that said policy provides for $100,000 in medical coverage for which Mr. Taylor paid. 4. Admitted in part and Denied in part. The medical records speak for themselves; however, Mr. Taylor complained of more than what is stated in the Petition. 5. Admitted in part and Denied in part. The medical records of prior treatment speak for themselves. It is admitted that Mr. Taylor's past medical history includes cervical injuries received in two prior motor vehicle accidents. In 1999 Mr. Taylor underwent an anterior cervical diskectomy with instrumental fusion. Mr. Taylor's neck was reinjured in a second collision in 2001. Prior to the current collision, Mr. Taylor had been without symptoms from his prior cervical injuries for approximately 18 months and his Orthopedist, Dr. Holeneik reports that although Mr. Taylor had undergone fairly extensive neck surgery, he had been feeling quite normal for several years. (Exhibit A, Dr. Holencik's letter to Dr. Cincotta, dated August 23, 2005) e 6. Denied. The medical records speak for themselves. 7. Admitted in part and Denied in part. It is admitted that in August 2005, Mr. Taylor began treatment with Mark Holencik, DO, an orthopedic specialist, with whom he continues to treat The remainder of this paragraph is an understatement, and the medical reports speak for themselves. 8. Denied. Mr. Taylor alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 8 of Traveler's Petition to Compel Physical Examination. Additionally, copies of all relevant medical records documenting Mr. Taylor's current injuries and the resulting exacerbation to his prior injuries are attached hereto as Exhibit "A". 9. Denied. No legitimate issues exist concerning the causal relationship between Mr. Taylor's cervical treatment and the April 26, 2005 collision. To the contrary, Petitioner has misrepresented notations made by Dr. Cincotta and Dr. Holencik in a disingenuous attempt to manufacture causation issues. Dr. Cincotta's April 28, 2005 note merely states that Mr. Taylor "takes Excedrin generally a day for his chronic pain", and he makes this notation after describing Mr. Taylor's pain and stress from the current collision. At most, this statement is ambiguous as to whether Dr. Cincotta is referring to pain from past injuries or pain associated with injuries sustained in the current collision. However, Dr. Holeneik's initial evaluation of Mr. Taylor on August 23, 2005, indicates that Mr. Taylor was taking the Excedrin to alleviate pain caused by the current collision, and that Mr. Taylor reported being symptom free from his previous injuries for 18 months prior to the April, 2005 collision. Further, when Dr. Holencik reported that he was not sure "what is `new' and what is old" he was addressing the numbness in Mr. Taylor's hand which Mr. Taylor described as "new" and which was subsequently diagnosed as carpal tunnel syndrome, unrelated to the collision, and not part of the current insurance claim. In truth, the only issue is that Traveler's Insurance Company sold Mr. Taylor an insurance policy that provided for $100,000 in medical coverage and now that Mr. Taylor is making claims under that policy, his carrier is trying to avoid its obligation. 2 10. Denied. Mr. Taylor alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 10 of Traveler's Petition to Compel Physical Examination. It. Denied. Mr. Taylor alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 11 of Traveler's Petition to Compel Physical Examination. Dr. Holencik's notes do address Mr. Taylor's pre-existing cervical condition and clearly document that he suffered an exacerbation to these pre-existing injuries. In his report dated August 23, 2005, Dr. Holencik lists Mr. Taylor's diagnosis as a "high velocity cervical strain/sprain superimposed on clinically quiescent ancient cotpectomy and fusion from C5 to C7 with recurrent C6 and 7 radiculopathy bilaterally...." Dr. Holencik also notes that Mr. Taylor continues to suffer from cervical pain unrelated to his prior surgery. He believes that in addition to radicular dysfunction of the roots associated with his previous surgery, Mr. Taylor suffers from "cervical root and cord contusion at C4-5 above his previous ancient fusion mass", and notes that most of Mr. Taylor's salient symptoms as generating from this area (emphasis added). (Exhibit A, Dr. Holencik letter to Dr. Cincotta, dated December 8, 2005) 12. Denied. Mr. Taylor alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 12 of Petitioner's Petition to Compel Physical Examination. To the contrary, Mr. Taylor's medical records are replete with objective tests and notes, as recently as February 22, 2006, indicating that Mr. Taylor's symptoms are a result of the April 26, 2005 collision. In addition, Petitioner does not seek an "independent medical evaluation," instead, it seeks to send Mr. Taylor to a hand picked insurance doctor. 13. Admitted in part and Denied in part. The law speaks for itself. Additionally, a determination of whether good cause has been shown depends on whether all reasonable non- intrusive means were employed before seeking a court-ordered physical examination. State Farm Insurance Companies v. Swantner, 406 Pa. Super. 235, 246, 594 A.2d 316, 321 (1991). The purpose of the "good cause shown" requirement is to protect claimants against an unreasonable 3 invasion of their privacy, unnecessary inconvenience, and medical examinations sought in bad faith. State Farm Mut. Ins. Co. v. Zacharv, 15 Phila. Co. Rptr. 136 (Pa. Com. Pl. 1987). 14. Denied. The averments in Paragraph 14 of Petitioner's Petition to Compel Physical Examination contain conclusions of law to which no response is required. Petitioner's failure to first pursue non-intrusive means through the physicians with the most knowledge of Mr. Taylor's injuries renders its request unreasonable under the terms of its own policy. The Motor Vehicle Financial Responsibility Law controls and not Petitioner's insurance policy, which does not provide for an independent medical examination but an examination by a hand picked insurance doctor. 15. Denied. The averments in Paragraph 15 of Traveler's Petition to Compel Physical Examination contain conclusions of law to which no response is required. Petitioner has failed to meet the good cause requirement by failing to pursue reasonable non-intrusive means through prior contacts and inquiries to obtain the information that would provide answers to any legitimate causation questions. Petitionerhas merely sent a single questionnaire to one of Mr. Taylor's treating physicians and conveniently alleges his answers are not satisfactory. Petitioner could easily seek to clarify Dr. Holencick's answers through written correspondence or by a telephone conference. Further, if Petitioner is questioning the medical necessity of any of Mr. Taylor's treatment they may seek a peer review. In any event, Dr. Holencik's notes are crystal clear as to causation. Petitioner just does not like what Dr. Holencik says. 16. Admitted in part and Denied in part. Mr. Rosenberg was not advised of an intent to schedule an independent medical examination. Instead, Mr. Rosenberg was advised of an intent to schedule an examination with a handpicked insurance doctor. It is also denied that Traveler's is left with no recourse but to pursue an intrusive examination by its hand picked, insurance oriented doctor. As described in Paragraph 15 above, Petitioner has a number of non-intrusive options available to it before enlisting the assistance of the court in subjecting Mr. Taylor to an intrusive physical examination by a hand picked doctor, unfamiliar with Mr. Taylor and his injuries. Mr. Rosenberg would be happy to advise counsel of alternatives other than an intrusive examination by 4 an insurance "go to" doctor. 17. Denied. The averments in Paragraph 17 of Petitioner's Petition to Compel Physical Examination contain conclusions of law to which no response is required. Petitioner's failure to first pursue non-intrusive means falls far short of the statutory good cause requirement as well as the reasonableness requirement under its own policy. WHEREFORE, Respondent, Robert Taylor, requests that this Honorable Court issue an order denying Traveler's Petition to compel aphysical examination because Petitioner has not shown that good cause exists based on the present medical evidence, Petitioner's failure to employ less intrusive means in resolving any legitimate causation issues, and because of the inconvenience and invasion of privacy Mr. Taylor would suffer when weighed against the little effort Petitioner has expended in resolving any legitimate causation issues. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date; A vb, By I.D. No. 2)X569 1300 Li lestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for the Plaintiff TRAVELERS PROPERTY CASUALTY, Petitioner V. ROBERT TAYLOR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-911 CIVIL ACTION - LAW Respondent CERTIFICATE OF SERVICE On the 30`h day of March, 2006, 1 hereby certify that a true and correct copy of Respondent's Answer to Petition to Compel Physical Examination Pursuant to 75 Pa. C.S. §1796 was served upon the following by depositing in U.S. Mail; Elizabeth D. McMunigal, Esq. Bingaman Hess Attorneys At Law Treeview Corporate Center, Suite 10 2 Meridian Boulevard Wyomissing, PA 19610 3A 46 DATE Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP 7 David H R enberg, Esquire I.D. #20509 1300 Li glestown Road Harrisburg, PA 17110 717-238-2000 Attorney for Respondent TRAVELERS PROPERTY : IN THE COURT OF COMMON PLEAS OF CASUALTY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : CIVIL ACTION - LAW ROBERT TAYLOR, Defendant NO. 06-911 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of March, 2006, upon consideration of Plaintiff's Petition To Compel Physical Examination Pursuant To 75 Pa. C.S. §1796, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Elizabeth D. McMunigal, Esq. ?eeview Corporate Center 2 Meridian Boulevard Suite 100 Wyomissing, PA 19610 Attorney for Plaintiff ./<obert Taylor 421 Fairway Drive Mechanicsburg, PA 17055 Defendant, pro Se o? :rc BY THE COURT, t !' ,f u?r ???? 'fit; "' i SHERIFF'S RETURN - REGULAR CASE NO: 2006-00911 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TRAVELERS PROPERTY CASUALTY VS TAYLOR ROBERT BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon TAYLOR ROBERT the DEFENDANT at 1638:00 HOURS, on the 16th day of March , 2006 at 421 FAIRWAY DRIVE MECHANICSBURG, PA 17055 by handing to ROBERT TAYLOR a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriffs Costs: Docketing 18.00 Service 19.36 Postage .39 Surcharge 10.00 .00 47.75 Sworn and Subscribed to before me this AIA* day of ?1Va? lti ?iw A.D. Prot 9 tar So Answers: R. Thomas Kline 03/17/20 BINGAMAN By: TRAVELERS PROPERTY CASUALTY, Plaintiff vs. ROBERT TAYLOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-0911 CIVIL IN RE: PETITION TO COMPEL A PHYSICAL EXAMINATION PURSUANT TO 75 PA.C.S. 1796 ORDER AND NOW, this day of July, 2006, in consideration of the petition of the plaintiff and the answer filed thereto, hearing is set for Friday, August 11, 2006, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Elizabeth D. McMunigal, Esquire . For the Plaintiff David H. Rosenberg, Esquire For the Defendant :rlm :? ? ._ ! ?'.t '?;' -, ?,, .. TRAVELERSPROPERTY CASUALTY, Plaintiff VS. ROBERT TAYLOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-911 CIVIL IN RE: PETITION TO COMPEL PHYSICAL EXAMINATION BEFORE HESS, J. ORDER AND NOW, this !9" day of September, 2006, it appearing the defendant's orthopedist has opined that the diagnoses and treatment are related to the motor vehicle accident of April 26, 2005, and, in any event, the plaintiff has utterly failed to pursue reasonable non- intrusive options to the compelling of a medical examination, the petition of the plaintiff to compel physical examination pursuant to 75 Pa.C.S. § 1796 is DENIED. BY THE COURT, homas A. Rothermel, Esquire For the Plaintiff ?David H. Rosenberg, Esquire J For the Defendant :rlm Kevin A. Hess, J. i f VllglVA'USNN3d ,kiNnon r' h U3P-Vlf 3 £ 1:6 WV OZ 83S 9002 AMONO'HiO 'd 3HI JO 30U?MRA Curtis R. Long Prothonotary office of the Protbonotarp Cutnberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Q1 - 411 CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square - Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573