Defense Proves Surgery and Disc Herniation Not Work-Related.
We successfully defended a national home décor manufacturer in the litigation of a review petition, which sought to add a cervical disc herniation and surgery to the nature of injury accepted in the case. The litigation had wide ramifications since the same claimant had attempted to reinstate workers’ compensation benefits based on an accepted shoulder/arm injury a year earlier and failed. As a result, the claimant traveled to Florida and underwent cervical disc surgery, claiming it was part of the same work-related injury. The defense proffered medical evidence to support the fact that the surgery and disc herniation were not caused by the work injury and that the medical bills and disability associated with the surgery were, likewise, not work-related.