November 05, 2007 : Jason D. Herpel Prevails in Workers' Compensation Case
Associate Jason D. Herpel recently prevailed in a workers’ compensation case that involved five separate petitions, lasting more than two years. The claimant was injured in 1989 and was receiving benefits since that date for right knee and ankle injuries as well as a concussion. Seeking to expand her description of injury, the claimant alleged that she also developed a right hip injury as a result of an altered gait pursuant to years of surgeries on her right knee.
In opposition, the defense argued that claimant’s benefits should be terminated in light of her full recovery. The defense further argued that claimant’s additional surgeries and therapy, also known as “prolotherapy,” were neither generally accepted medical practice nor were they reasonable, necessary, or related to claimant’s original right knee and ankle injuries.
The workers’ compensation Judge agreed with the defense on all petitions, terminating the claimant’s benefits and concluding that her description of injury was not to be expanded. The Judge also concluded that “prolotherapy” was neither a generally accepted medical practice, nor was it related to claimant’s original work injuries.
File Under: Results, Workers' Compensation