SMITH, KENDRA V. REGARD RECOVERY JP, LLC
Kendra Smith, an employee, sought a pulmonology panel, medical treatment, and continued temporary disability benefits, alleging a work-related aggravation of her preexisting asthma due to vape smoke exposure at work. The Court found she is likely to prevail at a final hearing on a pulmonology referral, as a treating physician had already made such a recommendation. She is also likely to prevail in proving entitlement to temporary disability benefits because her workplace restrictions were not accommodated by her employer, Regard Recovery JP, LLC. However, the request for specific medical treatment was denied due to a lack of expert medical evidence establishing its reasonableness and necessity. Furthermore, the insurer was referred to the Compliance Program for multiple violations of workers' compensation statutory and regulatory requirements, including inadequate panel offerings.