National Workers Compensation Defense Network (NWCDN)
WORKERS' COMPENSATION LAWMe Thinks He Talked Too MuchDespite four compensable lumbar surgeries following a 2016 work accident, Claimant had not returned to work in any capacity and filed a Petition for a fifth lumbar surgery. Claimant’s expert, Dr. Zaslavsky testified that the surgery was needed to address adjacent segment disease that was causing progressively debilitating and severe functional problems.Unfortunately for Claimant, the Board denied the Petition. In addition to citing Dr. Fedder’s defense expert testimony that claimant’s complaints were without any correlation to physical examination findings, the Board also noted that claimant’s physical therapy notes completely contradicted the allegation of significant functional deficits during the timeframe the claimant was considering surgery.Specifically, physical therapy notes documented the claimant’s histories of being attacked by a dog, run over by a vehicle while doing mechanical work, turkey hunting, army crawling while turkey hunting, shooting and killing a turkey while hunting, plans to begin weightlifting, and consideration of pursuing martial arts classes while, at the same time, the claimant was engaging in hiking, camping, and fishing activities. Claimant also told his therapist that he was only undergoing the fifth surgery so that he would not lose his workers’ compensation benefits.Should you have any questions concerning this Decision, please contact Greg Skolnik, or any attorney in our Workers’ Compensation Department.Michael Padgett v. R & F Metals, Inc., IAB Hrg. No 1450795 (Oct. 28, 2020).
Be the first person to comment!
You must Login or Register in order to read and make comments!
Enter your email address below and someone from WorkersCompensation.com will contact you shortly.
Please provide a phone number, in case spam filters block our email response!
Disclaimer: WorkersCompensation.com publishes independently generated writings from a variety of workers' compensation industry stakeholders. The opinions expressed are solely those of the author and do not necessarily reflect those of WorkersCompensation.com.