McConnaughhay, Coonrod Partner Laura Buck was successful in defending ongoing benefits following MMI.
McConnaughhay, Coonrod Partner Laura Buck was successful in defending ongoing benefits following MMI.
This case involved a truck driver who was involved in a work-related motor vehicle accident that was categorized as minor. The Claimant sought medical care for cervical and low back strains, and was paid indemnity while on work restrictions for a few weeks. The Claimant was referred to neurosurgery due to ongoing complaints, and the neurosurgeon opined that the Claimant did not require any additional medical care as it relates to the work related accident as the Claimant was at MMI with no permanent injury. The Claimant sought a one-time change, and the second neurosurgeon had the same opinion as the first. The Claimant then brought forward PFBs seeking additional medical and indemnity benefits based on the opinions of his IME. The E/C relied on the opinions of the authorized neurosurgeons, and asserted that no additional medical or indemnity benefits were due or owing as a result of the accident. The E/C contested entitlement to ongoing, future care related to the accident, and their argument was supported by medical testimony. The JCC found in favor of the E/C noting the Claimant and his IME doctor lacked credibility given their testimony.
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