Lumbar fusion surgery and indemnity benefits denied.

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. Key to the Board’s determination was our defense medical expert casting doubt on the surgery; our cross-examination of the claimant and his spine surgeon; and our closing argument, which was quoted by the Industrial Accident Board in their decision on the merits.