2015 – In May of 2008 this injured worker sustained an on-the-job injury resulting in a herniated disc at the L5-S1 level. Surgery was recommended by this authorized orthopedist but this injured worker wanted to defer surgery as long as possible. The Employee then exercised his right to a one-time change of doctors and was given another physician at an orthopedic clinic. The Employee had several visits with this physician over a period of approximately three years. When the Employee told this physician that he did not want the surgery that was being recommended, this insurance company doctor then told the insurance company that any further care was not related to the industrial accident.
As a result of the deposition testimony of the two orthopedic physicians that had treated this gentleman, the Judge of Compensation Claims ordered the Carrier to continue to provide medical care to this individual and found that such medical care was related to the industrial accident until any other intervening cause was determined.