Sarah Kirchner under the direction of Scott Goldstein helped an injured bakery worker receive a favorable settlement in arbitration. The bakery worker was injured when he experienced intense pain in his low back while carrying 50-pound sacks of flour. Despite multiple doctor visits and treatments he currently experiences low back pain at a level of 7 out of 10 and takes ibuprofen on a daily basis, but this medication does not alleviate his pain.
As a result of the arbitration hearing, Ms. Kirchner and Mr. Goldstein were able to secure:
- Temporary total disability benefits of $460.00/ week for 36-4/7 weeks.
- Fusion surgery and payment for all reasonable and necessary post-operative care.
- Payment of reasonable and necessary medical services already incurred.
[Read the full arbitrator decision here]
Below is a summary of the treatment the injured bakery worker received after the injury:
He first sought treatment on May 23, 2025, after injuring his lower back while lifting 50-pound bags of flour at work. He reported a sharp pain in his mid-to-lower back and disclosed a prior low back injury treated with physical therapy and lidocaine patches about a year earlier. Examination revealed lumbar tenderness, muscle spasms, and pain with movement, while imaging showed pre-existing degenerative findings, including grade 1 spondylolisthesis and disc narrowing at L5-S1. He was diagnosed with a lumbar strain, prescribed medication, lidocaine patches, and physical therapy, and placed on a 10-pound lifting restriction.
Over the next several weeks, the injured bakery worker attended physical therapy and showed significant improvement. By June 12, 2025, he reported no pain, had achieved all therapy goals, and was discharged from treatment. He was released to full-duty work after examination showed normal findings aside from minor pain with certain rotational movements. However, within a week, he sought additional treatment at an orthopedic clinic, reporting that his symptoms had returned and worsened, including severe low back pain rated 9/10 with numbness, tingling, and radiating pain into his left leg. Additional therapy, medications, and diagnostic testing were ordered, and he was taken off work.
An MRI performed on July 28, 2025, revealed significant lumbar abnormalities, including disc bulging and protrusion at L4-5 with nerve root involvement, bilateral foraminal stenosis, and grade 1 anterolisthesis at L5-S1. During subsequent physical therapy, his pain levels fluctuated but generally improved, at times reaching 0/10. Despite these improvements, by August and September 2025 he continued to report persistent back and leg pain, leading Dr. C to diagnose lumbar disc herniation with radiculitis. An epidural steroid injection was recommended and eventually administered, though it provided only minimal relief.
Following the injection, the injured man continued to experience low back pain and radiating symptoms into both lower extremities. Clinical examinations demonstrated positive straight-leg raising, tenderness, and ongoing neurological complaints. An EMG study in October 2025 confirmed mild-to-moderate bilateral lumbar radiculitis involving the L4, L5, and S1 nerve distributions. By December 2025, Dr. C concluded that the Petitioner suffered from lumbar disc herniation with bilateral radiculitis, recommended a spine surgery consultation, and kept him off work due to ongoing symptoms that reportedly worsened after an attempted return to work.
He was subsequently evaluated at another clinic and by spine surgeon Dr. S. After reviewing the MRI, EMG findings, and clinical presentation, Dr. S diagnosed L5-S1 isthmic spondylolisthesis and an L4-5 disc protrusion causing left lumbar radiculopathy. He opined that the work-related lifting incident aggravated these underlying conditions and produced the man’s ongoing symptoms. Because conservative treatment, including physical therapy, medications, and epidural injections—had failed to provide lasting relief, Dr. S recommended surgical decompression and fusion from L4 to S1. He estimated a recovery period of nine months to one year, advised that the Petitioner remain off work pending surgery, and recommended that any future employment involve lighter physical demands with a lifting limit of approximately 30 pounds.
