Seabrook v. Cheney Brothers: Hip Treatment and TPD Benefits Denied

In Seabrook v. Cheney Brothers, Inc. and Travelers Insurance, Judge Frank Clark denied additional treatment and temporary partial disability benefits after a March 2021 right-hip injury. The claimant had undergone three hip surgeries, including a total hip replacement and later revision, and sought continuing care with Dr. Blane Kelly, a right-hip injection recommended by IME physician Dr. Darryl Cannady, TPD benefits from October 21, 2023 forward, and related fees and costs.

The judge credited treating surgeon Dr. George Markovich, who placed the claimant at maximum medical improvement on October 20, 2023 with a 12% permanent impairment rating and no work restrictions beyond reasonable hip precautions. The order gave less weight to Dr. Cannady because his recommendations were found to rest on subjective pain complaints rather than objective medical findings, and it found continued care with Dr. Kelly would be futile because Dr. Kelly had nothing further to offer.

Because overall MMI had been reached, the judge concluded the claimant was no longer eligible for TPD benefits after October 20, 2023. The petitions dated January 27, January 28, and June 1, 2026 were denied and dismissed with prejudice, while jurisdiction was reserved only over prevailing-party costs. OJCC Case No. 22-000905FJC.

Source: Compensation Order