Workers Compensation injury to cervical spine. Claimant is self-employed and reported an injury to her left shoulder and upper arm when moving a file cabinet in her home office. The orthopedic surgeon’s examination was entirely within normal limits. However, an MRI of her neck was ordered, only three days after the injury. The MRI showed evidence of C5-6 disc degeneration and protrusion and C6-7 disc degeneration. Surgery was discussed. An EMG showed mild left carpal tunnel symptoms but no evidence of a pinched nerve in the neck. A cervical decompression and fusion was recommended due to her pain, weakness and decreased sensation. The file was sent to Joan for review prior to authorizing such surgery. The file cabinet was actually a small cart on wheels with slots for hanging folders. It became immediately clear that this type of reaching injury with the left hand most likely did not cause a cervical disc herniation. However, the surgeon insisted that it could have happened, especially in light of the fact that she had no previous problems with her neck whatsoever. Joan requested medical records from her family physician for five years prior to the date of loss. There was no documentation of any problems with her neck or upper extremities. However, buried in all the medical records and laboratory studies, there was one lab study result on cerebrospinal fluid for protein, glucose and bacteria. Joan noticed this to be the typical lab specimen submitted following a myelogram procedure. Joan recognized that the ordering physician’s name on the lab studies was a local neurologist and his office was contacted to obtain medical records. Voluminous medical records were received regarding the claimant’s complaints of neck and left upper extremity pain, including a CT/Myelogram performed three years earlier for the same symptoms that she was complaining of at this time. The claimant had flat out denied any previous problems with her neck or upper extremities. Based on Joan’s review and recommendations, the claim was determined to be non-compensible.

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