Bruce Almighty & The Non-Existent Injury

Today’s decision is simply offered for some comic relief and an example of medical testimony that falls far short of the mark. The Employer’s Termination Petition is granted not so much on the testimony of the defense expert (though it certainly didn’t hurt!) but on the multiple missteps of that irrepressible neuro-god, Dr. Bruce Grossinger.  His testimony endorsing a totally disabled status for the claimant was based on a concussion that didn’t exist, cognitive deficits related to the non-existent TBI, a large gap in medical treatment based his own sabbatical to the Sunshine State, and an EMG which he did himself in-house (and don’t we all know how the IAB feels about those?)  And for those of you who know what is meant by “Double Crush Phenomenon”, since when do the symptoms present on opposite sides?

To summarize the Board’s opinion of this testimony: “To say that this bizarre testimony impacts the credibility of Dr. Grossinger’s opinion is an understatement.”  See Tabre Nelson v. Professional Realty Management, Hr’g No. 1520650 (IAB May 4, 2023).  In fairness to Dr. Sam Matz, he did a nice job on the DME and offered an opinion more grounded in reality — or at least an existing diagnosis and not an imaginary head injury.  Truman Perry held up his end of the bargain with a solid labor market survey (and gains credibility just by being married to Yvonne). 

Check it out if you have a chance.   Those of you who have practiced for decades may recall that Bruce Almighty performed DMEs back in the day . . .until he was called out by the Board when a claimant came in and testified that the doctor ate a sub during the DME and didn’t offer the injured workers as much as a pickle.  Oh, what I would give to recall the name of that case.

Irreverently Yours,

Sassy Cassy

P.S. Happy Mother’s Day to all the wonderful mothers/grandmothers!