Judge Terminates Forklift Operator's Benefits

Obtained a termination of benefits and a denial of claim and penalty petitions in a case where the claimant had injured his lower back from a slip and fall while working as a forklift operator. The defense presented credible testimony from a medical expert that the claimant’s injuries were limited to a lumbar sprain/strain and that the claimant had fully recovered as of the date of the IME. The Workers’ Compensation Judge rejected the opinions of the claimant’s treating physician that he had developed a “floating” discogenic radiculopathy as the result of the work injury and that the claimant was disabled from employment. The judge credited the employer’s supervisor’s testimony that the claimant had returned to full-duty work without apparent production issues and without any physical limitations for a significant timeframe prior to his treating physician taking him out of work.