Kristopher T. Starr

We received a favorable decision from the Industrial Accident Board in a matter where the claimant had been injured in a compensable and accepted work accident where he sustained an injury to his lumbar spine. Due to a pre-existing degenerative pathology in the plaintiff’s spine, we filed a petition for review to end temporary total disability benefits, alleging the claimant could work within restrictions. The claimant demanded approval of a lumbar discogram and ongoing total temporary disability benefits. The employer’s doctor was found persuasive as to the issue of lumbar discography.

We obtained a denial for workers’ compensation in a claim that involved alleged injuries to the entire left upper extremity and neck from a work accident. Through the use of an expert witness, we were able to prove that the claimant had sought treatment for his injuries well prior to his employment with our client. As a result, all claims for compensation were denied.

The claimant argued that repetitive motion caused shoulder issues and filed a petition for benefits. The claimant later underwent shoulder surgery and was taken out of work by his surgeon. A fact investigation revealed that the claimant quit working for the employer and had applied for Social Security Disability benefits for multiple disabilities, including the left shoulder, prior to being taken out of work by his treating surgeon.

We represented a national internet retailer in the successful denial of a proposed lumbar fusion surgery and indemnity benefits. The claimant was awarded the injury and conservative medical treatment, however, the lumbar spine fusion surgery was denied, as were total and partial disability benefits. The client avoided a complex multi-level lumbar spine fusion surgery (L3-S1), total and partial disability benefits, and the post-surgical care. Because the surgery will not occur, the client is also relieved of a large post-operative permanent impairment award and surgical disfigurement.