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Reminder to the Wise: There Are Limits on Your Medical Treatment in Accepted Comp Cases

Posted by James Aspell | Jun 08, 2009 | 0 Comments

In Caverno vs. Mory's Association the CRB has upheld the Trial Commissioner's denial of disc replacement surgery sought by the claimant. This case involves an accepted low back injury of long standing involving a waitress at the venerable Mory's in New Haven. After what appears to have been significant treatment/evaluations by various orthopedists and neurolgists, the claimant made her way to Dr. Yue at Yale who opined that he felt the claimant was an appropriate candidate for disc replacement surgery. The Commissioner, as is his right, ordered a Commissioner's exam with Dr. Druckemiller, a Hartford neurosugeon. Dr. Druckemiller rendered an opinion which, following a formal hearing, the trial commissioner relied upon and denied the surgery proposed by Dr. Yue. The CRB has affirmed this denial. I will refrain from editorializing on this decision and let the reader review the case and draw their own conclusions.

About the Author

James Aspell

Principal since August 1, 2006 James F. Aspell is the principal and managing attorney of the firm which he started in 2006 following 20 years of litigation practice in a mid -size firm in Hartford, Connecticut. Jim focuses his practice in the areas of worker's compensation and personal injury l...

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