MLG ATTORNEYS OBTAIN SUCCESSFUL GRANT OF TERMINATION PETITION DESPITE CLAIMANT UNDERGOING NECK SURGERY
A claimant with accepted injuries to the lumbar spine, cervical spine and right shoulder underwent cervical fusion surgery many years following the original work incident while continuing to receive temporary total disability benefits. Despite this compelling procedure and documented disability stemming from the surgery, MLG Attorneys were able to successfully litigate a Petition to Terminate Benefits before the WCJ. They proved to the WCJ that the surgery was necessitated by degenerative changes that pre-existed the work injury. The WCJ granted the employer/carrier’s Termination Petition and rejected the claimant’s attempt to have the surgery deemed causally related to the accepted work injuries. The ruling not only save the employer/carrier the costs associated with the surgery, but the claimant’s right to ongoing wage loss and medical benefits immediately ceased.