 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
COX v. KLIPSCH & ASSOCIATES11/15/2000
bulge or prominence at the L4-5 level, however unfortunately flexion extension films were not done, and I would suspect that this patient likely would have effacement or flattening of bulge if flexion had been done, as I do not see much at all if anything on the contrasted CT that was brought along with her today along with the other studies for review, however, the radiologist does suggest that there is some bulging present here, but certainly it is quite minimal.
Dr. Moore agreed with Dr. Knight that appellant was not a candidate for any surgical treatment and opined that appellant was at the end of her healing period.
Thereafter, appellant was referred by Dr. Volentine to Dr. Robert Abraham, who examined appellant on October 18, 1993. Dr. Abraham reported that a lumbar MRI revealed "diffuse bulging disc at L4-5" and assessed appellant with right lumbar radiculopathy. He further reported that appellant "may be helped by percutaneous diskectomy." On December 15, 1993, Dr. Abraham gave appellant a pre-operative diagnosis of right L4-5 herniated nucleus pulposus. On that same date, appellant underwent a percutaneous diskectomy with percutaneous discogram under the care of Dr. Abraham. Dr. Abraham treated appellant through June 1994. During that time, Dr. Abraham recommended that appellant receive physical therapy for a trial period under the care of Dr. Volentine. However, at that time, Dr. Volentine had failing health, and, therefore, appellant was referred to Dr. Chris Primeaux, a Hope chiropractic physician. Appellant received chiropractic treatment from Dr. Primeaux through at least March 6, 1995.
In 1998, appellant sought additional benefits for surgical treatment she received under the care of Dr. Abraham. Appellant contended that the treatment she received by Dr. Abraham was reasonable, necessary, and related to her compensable injury . Following a hearing held February 17, 1999, the ALJ agreed and awarded all
reasonably and necessary medical benefits related to the compensable injury , including treatment under the care of Dr. Abraham.
In reversing the ALJ, the Commission found that the treatment rendered by Dr. Abraham, especially the percutaneous diskectomy performed by Dr. Abraham, was neither reasonable, necessary, nor related to the compensable injury . It found that the surgery performed by Dr. Abraham was of questionable benefit to appellant and that none of appellant's treating physicians, except Dr. Abraham, recommended surgery for appellant's 1991 lumbar strain injury.
In a workers' compensation appeal, the appellate court views the evidence in a light most favorable to the Workers' Compensation Commission's decision and upholds that decision if it is supported by substantial evidence. Maxey v. Tyson Foods, Inc., 341 Ark. 306, 18 S.W.3d 328 (2000). Substantial evidence is that evidence which a reasonable person might accept as adequate to support a conclusion. Campbell v. Randal Tyler Ford Mercury, 70 Ark. App. 35, 13 S.W.3d 916 (2000). The appellate court will not reverse the Commission's decision unless it is convinced that fair-minded persons with the same facts before them could not have reached the conclusions arrived at by the Commission. Woodall v. Hunnicutt Constr., 340 Ark. 377, 12 S.W.3d 630 (2000). The determination of the credibility and weight to be given a witness's testimony is within the sole province of the Workers' Compensation Commission. American Greetings Corp. v. Garey, 61 Ark. App. 18, 963 S.W.2d 613 (1998). The authority of the Workers' Compensation Commission to resolve conflicting evidence also extends to medical testimony. Maverick Transp. v. Buzzard, 69 Ark. App. 128, 10 S.W.3d 467 (2000). The Commissi
Page 1 2 3 4 5 Arkansas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|