Extent of Injury - Does The Claimant's Compensable Injury Include A Lumbar Disc Herniation At L3-4?

Matthew Bruce Lewis

Practice Area:Workers Compensation

Outcome:Prevailed on extent of injury dispute at DWC

Description:The work comp carrier disputed liability of the claimant's lumbar spine disc herniation at L3-4 because a myelogram showed no abnormality. The claimant was able to obtain expert witness testimony of Dr. Myron Glickfeld who displayed a second myelogram report showing the abnormality. The problem with the first myelogram was an inadequate distribution of dye in the spine. It was impossible for it to show the abnormality. Additionally, the claimant had to overcome the presumptive weight of the designated doctor to prevail. The designated doctor only saw the myelogram report and not the films themselves. Therefore, he was not privy to the myelogram technician's mistakes in conducting the study. The Division of Workers' Compensation determined that the claimant's compensable injury includes the disc herniation at L3-4.

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