Ankin Law attorney, Joshua Rudolfi received a favorable decision for his client, a saw helper, who injured his back at work. The Custom Aluminum Products, Inc. employee was loading steel pipes, which required him to step onto a cart. When the cart moved, it caused him to lose his balance and fall, injuring his back and neck.
The arbitrator ordered Custom Aluminum Products, Inc. to pay $18,255.68 for reasonable and necessary medical services incurred.
In addition, the arbitrator awarded the worker cervical and lumbar fusion surgeries as recommended by his doctor, along with all associated reasonable and necessary post-operative medical care.
(Read the Full Arbitrator Decision Here)
On the day of the accident the saw helper immediately reported the accident to his supervisor then went to a health center where he gave a history of the accident and complained of neck and back pain. X-rays of his neck showed evidence of severe degenerative changes. X-rays of his lumbar spine showed disc narrowing at L4-5 and L5-S1. He was prescribed Prednisone, ordered to rest and use ice, and remain off work. Later he had a lumbar MRI that showed evidence of broad-based posterior disc herniations at L1-2, L2-3, L3-4, and L4-5. He has since endured low back pain, neck pain and back pain with radiation into the left arm, right thigh and entire left leg.
Since the injury the worker has attended 27 sessions of physical therapy, received several epidural steroid injections with varying degrees of success, and been subjected to x-rays, CT scans and an MRI. Currently the 69-year-old saw helper is not working.
Below is an excerpt from the Arbitrator Decision detailing the order of the Arbitrator:
ORDER
Medical benefits
Respondent shall pay reasonable and necessary medical services of $18,255.68, as provided in Section 8(a) of the Act.
Respondent shall pay reasonable and necessary medical services, pursuant to the medical fee schedule, of $1,245.00 to Anesthesia Specialists, $6250.00 to Medical Imaging, $1,050.00 to XX Surgery, $8,500.00 to Dr. N , and $1,210.68 to XX Pain Specialists, as provided in Sections 8(a) and 8.2 of the Act.
Respondent shall pay reasonable and necessary medical services of $18,255.68, as provided in Sections 8(a) and 8.2 of the Act.
Parties stipulate that no credit is being claimed under section 8(j). This is not in issue.
Prospective Medical
The Arbitrator awards Petitioner the C4-C7 ACDF and L4-S1 ACDF surgeries as recommended by Dr. N along with all associated reasonable and necessary post-operative medical care.
In no instance shall this award be a bar to subsequent hearing and determination of an additional amount of medical benefits or compensation for a temporary or permanent disability, if any.
RULES REGARDING APPEALS Unless a party files a Petition for Review within 30 days after receipt of this decision, and perfects a review in accordance with the Act and Rules, then this decision shall be entered as the decision of the Commission.
