March 25, 2017
Our client had a previous non-work related back surgery after having left-sided symptoms. She was released by her surgeon to return to work. On her first day back; she was reaching to help a patient and felt a pop in her back followed by right-sided symptoms. We filed a Claim Petition alleging that her pre-existing problems had been aggravated by her work injury. The claimant’s treating physician testified against her, saying that the work injury was insignificant and that her problems resulted from her pre-existing, non-work related condition. He further testified that it was not unusual for a patient to have symptoms on one side and then on the other side of the body.
We presented the testimony of the patient’s family doctor who said that he couldn’t say exactly what was wrong with the claimant because he wasn’t an expert but that he knew her to be an honest, hard-working person and that that in his mind the fact that she experienced problems on the opposite side of her body after the work injury was important.
The WC Judge ruled for the Claimant finding that she did suffer a temporary aggravation of her pre-existing back condition and that WC benefits and medical payments are awarded.
It is unusual for a WC Judge to accept the opinions of a Family Practitioner over a Board Certified Orthopedic Surgeon; particularly when the surgeon actually treated the claimant.
We here at Calhoon and Kaminsky P.C., are very pleased with this decision; it was a tough one!
