Publication Details

Richard Fogarty Wins NAF Appeal

Richard Fogarty Wins NAF Appeal

Richard Fogarty successfully defended an Appeal in the National Arbitration Forum (NAF) on behalf of an insurance client recently.  The Claimant was a chiropractor who performed two months of chiropractic treatment to an 8-month-old patient following a motor vehicle accident.  At the time of the NAF arbitration hearing, Mr. Fogarty relied upon an expert report finding that the treatment was not medically necessary, reasonable, or causally related to the accident.  The arbitrator agreed, referencing the fact that the infant was not evaluated in the emergency room or by a pediatrician prior to initiating chiropractic treatment, no medical history was documented that would confirm this course of treatment to be reasonable, and there was no mention of whether the patient’s temperament and behavior changed following the accident.  Therefore, Claimant’s demand for arbitration was denied.  Claimant appealed this decision and a panel of three arbitrators affirmed, finding that the arbitrator below did not commit prejudicial error in applying the law to the facts of this case.  The decision is available on the NAF website, http://www.nj-no-fault.com/, NAF #1279959.