PHILADELPHIA – A local medical practice’s former chiropractor and physical therapist allege they were unjustly fired after blowing the whistle on what they believe were improper billing practices on the part of the firm and its management.
Joseph Mullen of Glenside and Terence Smith of Mount Laurel, N.J. filed suit in the Philadelphia County Court of Common Pleas on Oct. 23 versus Injury Care Center and Brian Brewer, both of Glenolden.
“Agents of the defendant ICC, defendant [executive director, Brian] Brewer, [owner, William] Ingram and [physical therapist, Thomas] Kiger jointly and individually pressured the plaintiffs to participate in billing practices that the plaintiffs believed to be improper and possibly illegal. Both plaintiffs voiced their concern over these disputed billing practices on many occasions in a verbal manner and let company management and ownership know that they would not participate in same,” the suit states.
Smith wrote an email to Kiger expressing his concerns on June 22, but was fired the next day for allegedly “not being a good fit” – despite having no prior disciplinary violations or documented performance issues, the suit says.
On July 10, Mullen allegedly wrote a letter to Ingram regarding his concern to the billing practices he says he was being pressured to engage in, to which Ingram expressed a desire to discuss the issues in person. Two days later, Brewer is said to have confronted Mullen and blocked his way, demanding he discuss his issues with him and not Ingram.
Brewer gave Mullen a letter which terminated his employment, supposedly due to recent performance issues, and Mullen was depicted as “storming out and yelling” – despite surveillance footage supposedly showing Brewer as the aggressor, the suit says
According to the lawsuit, the defendant ICC receives funds from a public body in that it participates in the State Workers Compensation Insurance Fund (“SWIF”). Based on knowledge and belief, it is believed that the defendant ICC receives other government funding for the provision of services, in addition to any money received through participation in the SWIF program.
For alleged violation of the Pennsylvania Whistleblower Law, wrongful termination and assault, the plaintiffs are seeking damages of compensatory, non-compensatory and punitive nature, legal fees, costs and such other relief as it deems appropriate.
The plaintiffs are represented by Gerard R. Clarke in Glenside.
Philadelphia County Court of Common Pleas case 171002743
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com