Tuesday, February 25, 2025

Commission affirms denial that surgery flowed from injury

 Robert Byers v New Prime Inc.

Inj. No. 10-103528 

Release Date;  Feb. 20, 2025.

Employer disputed surgery 10 years post accident flowed from the accident  and sought to recover  benefits of 19 weeks of overpaid TTD benefits after claimant reached MMI.  The Commisson affirms an award of 20% BAW  without separate opinion. 

Claimant alleged 35% PPD from a neck fusion and PPD from psychiatric injury and concluded claimant was PTD. Dr. Lennard rates 15% disability and noted inconsistent behavior on video.  Dr. Halfaker felt claimant ha a somatic disorder and no psychiatric injury from the accident.  The ALJ found claimant lacked credibility.

Claimant was on his third atorney at the time of hearing.