Ankin Law attorney, Scott Goldstein recently represented a data center critical operations technician who injured his left elbow. The injury occurred when the technician was moving a broken 5,000-pound gate. During arbitration Mr Goldstein was able to secure a favorable decision for the injured worker that should see him feeling back to normal and back at work after some medical treatments.
The arbitrator awarded the critical operations technician:
- Payment of reasonable and necessary medical services in the amount of $16,018.99
- Authorization and payment for left elbow open Nirschl surgery recommended by the doctor.
- Payment of all post-surgical care required to achieve maximum medical improvement.
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[Read the Full Arbitrator Decision Here]
The injured worker, a critical operations technician for a data center company, injured his left elbow on May 20, 2024, while manually opening and closing a broken 5,000-pound gate with coworkers. The gate, which normally operated automatically, had been broken since May 16, 2024, and employees were instructed to move it manually multiple times over several days. Although the movement was mostly lateral, it sometimes required lifting the gate to get it moving. The technician began experiencing symptoms on May 17, which significantly worsened by May 20, prompting him to later report the injury to his supervisor.
He sought medical treatment on June 12, 2024, and was diagnosed with biceps tendonitis and lateral epicondylitis. Treatment initially included a cortisone injection, physical therapy, and other conservative measures, which provided some relief. An MRI confirmed the diagnosis, and his doctor later recommended a platelet-rich plasma (PRP) injection and eventually surgery. While the PRP injection was ultimately approved and provided some improvement, he continued to experience ongoing pain and expressed a desire to proceed with surgery for long-term relief.
However, multiple utilization review physicians disagreed with the treating doctor’s recommendations, feeling that treatments such as PRP injections, surgery, and other therapies lacked sufficient evidence and were not consistent with the standard of care. Additionally, an independent medical examiner agreed with the diagnosis but said that the condition could have resulted from general physical activity rather than the specific work incident, noting the limited duration and frequency of the gate-moving task. Mr. Goldstein was able to convince the arbitrator that the treatments the injured man received were in fact consistent with the standard of care. He also argued successfully that moving a 5,000-pound gate—even once, can logically cause this type of injury. The arbitrator agreed and awarded the injured worker medical bills paid and the elbow surgery recommended by his doctor.
