JCC Awards Cervical Surgery After Prior Fusion

In Sandiford v. Trane Technologies/Charter Oak Fire Insurance Co., OJCC Case No. 23-015088JW, the claimant sought authorization for cervical spine surgery recommended by authorized orthopedist Dr. James McLoughlin after an accepted March 2023 accident and prior C4-6 fusion.

Judge Jonathan E. Walker granted the surgery. The JCC accepted Dr. McLoughlin's causation and medical-necessity opinions over the employer/carrier IME, emphasizing the authorized orthopedist's spine-surgery credentials, longitudinal treatment, MRI review, and support from the prior surgeon, Dr. Michael Rohan.

The order found the 2023 work accident and authorized 2024 fusion remained the major contributing cause of the need for the new cervical procedure. The JCC rejected the later motor-vehicle-accident and surveillance defenses as insufficient to overcome the authorized surgeons' testimony, and awarded attorney fees and costs.

Source: Compensation Order