On August 16, 2010, the Industrial Accident Board issued a ruling on behalf of our client that found that she was still totally disabled from work and that her recent surgery was reasonable, necessary, and related to her original work accident. The Industrial Accident Board found our client to be credible; found her orthopaedic surgeon to be credible; and found that the doctor hired by the worker’s compensation insurance company to be unpersuasive. Our client originally injured herself in February of 2007 and underwent her first surgical procedure in September of 2008. The claimant attempted to return to work; however, her duties at work severely aggravated her back condition and she decided to undergo a fusion surgery with her orthopaedic surgeon in March of 2010. The worker’s compensation insurance company refused to pay for her surgery and her ongoing total disability because of its belief that her surgery was not reasonable, necessary, or related to her original work accident. Based upon the combination of the claimant’s credibility and her clear need for a second surgery, the Industrial Accident Board awarded ongoing total disability benefits from July of 2009 to the present; awarded all outstanding medical expenses, including the second surgery, as reasonable, necessary, and related to the original work injury; awarded reimbursement of claimant’s expert witness fees; and awarded attorney’s fees to be paid by the worker’s compensation insurance company. (Shipp v. United Distributors, Hearing No. 1298510 and 1311641)
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