The Freibott Law Firm was recently successful in prosecuting a case on behalf of one of its clients in a case where the worker’s compensation insurance company refused to authorize surgery to our client’s back. This is the second time that we have helped this client in his worker’s compensation claim. On October 22, 2015, the Industrial Accident Board found that our client suffered a low back injury with related symptoms into his leg as a result of his work injury. The current petition sought a finding of compensability for a proposed surgical procedure, a fusion surgery. The Employer and carrier maintained that the surgery was not reasonable, necessary, or causally related to the Claimant’s work related injury. Dr. Matthew Eppley, Claimant’s neurosurgeon, was found to be the more credible of the surgeons in this case. The Industrial Accident Board rejected the testimony of Dr. Scott Rushton, an orthopaedic surgeon from Philadelphia, who testified on behalf of the Employer. Dr. Eppley reviewed the actual MRI films whereas Dr. Rushton was forced to admit on cross-examination that he did not review the films and, more importantly, he thought it would have been important to personally review the films. Dr. Eppley believes that our client has a 70% chance of getting better following his proposed fusion surgery. Dr. Eppley also pointed out that our client has gone through all conservative treatment and it has failed and surgery is the only reasonable option. After finding that the our client was credible and that Dr. Eppley was more persuasive than that of Dr. Rushton, the Industrial Accident Board ordered that the proposed surgery was reasonable, necessary, and related to the original work accident. The Industrial Accident Board also ordered the worker’s compensation insurance company to pay for Dr. Eppley’s expert witness fee and also ordered that the insurance company pay an attorney’s fee to our firm. (Stevenson v. Pepsi,Hearing No.: 1419904Date of Decision: May 30, 2017)
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