Favorable Decision Received from the Industrial Accident Board

We received a favorable decision from the Industrial Accident Board in a matter where the claimant had been injured in a compensable and accepted work accident where he sustained an injury to his lumbar spine. Due to a pre-existing degenerative pathology in the plaintiff’s spine, we filed a petition for review to end temporary total disability benefits, alleging the claimant could work within restrictions. The claimant demanded approval of a lumbar discogram and ongoing total temporary disability benefits. The employer’s doctor was found persuasive as to the issue of lumbar discography. Considering the evidence and the Health Care Practice Guidelines, the Board determined discography was not reasonable. As to indemnity, we presented vocational evidence and a Labor Market Survey showing no wage loss for positions within the claimant’s work restrictions. We indicated that Hoey v. Chrysler did not apply as the claimant was advised he could no longer be accommodated and was obligated to look for work. The claimant’s physician agreed, under cross-examination, that the claimant could work the Labor Market Survey jobs (all sedentary positions) and that the claimant was not totally disabled. Ongoing indemnity benefits were denied, and our petition for review was granted.