Commission Adopts IME and Denies Lumbar Fusion

Colin Mills recently preserved a victory before the Commission on a claimant’s review of a favorable arbitration decision. In this matter, the petitioner sustained a herniated lumbar disc as a result of a work-related injury.  TTD and medical benefits were paid through the date that our Section 12 Examiner opined that the petitioner had reached maximum medical improvement and could return to work without restrictions. However, the petitioner continued treating and sought approval for a lumbar fusion and continued TTD benefits. After trial, the Arbitrator found no medical causal connection between the alleged accident and the petitioner’s condition of ill-being and need for further medical treatment. The petitioner filed a Review Petition, but after briefing and Colin’s oral argument, the Commission affirmed and adopted the Arbitrator’s Decision. Based on the recommended treatment, and the lost time and anticipated permanency that would have followed, the savings to our client totaled over $100,000.00.

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