Case Study

General Manager Denied Benefits for Low Back Treatment, Extensive Treatment, Permanent Restrictions

Facts

Petitioner sustained a fracture to her L1 vertebrae following a slip and fall on May 12, 2004. Petitioner underwent conservative care through the fall of 2004. She continued to complain of low back complaints with sporadic treatment for next two years. She then pursued aggressive care beginning in the fall of 2006. This treatment was related by Petitioner’s physician to her original work injury. Our independent medical examiner found Petitioner suffered a minor injury at work and reached maximum medical improvement as of September 23, 2004.

Issues

Temporary total disability, medical bills, permanent restrictions, reduced earning capacity, permanency in excess of original injury

Outcome

Arbitrator denied medical bills and TTD after September 23, 2004, adopting the IME opinion over Petitioner’s treating physician and limited permanency to 5% of a person.

Kathy Stoup v. Levy Restaurant, 08 WC 8697