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Conflicting Medical Evidence Supports Finding of Non-Compensability for Neck Surgery

By Sherri Okamoto (Legal Reporter)

Tuesday, February 13, 2018 | 369 | 0 | 13 min read

The Wisconsin Court of Appeals ruled that the conflicting medical opinion evidence regarding a worker’s need for a second neck surgery supported a finding of non-compensability. Case: O’Brien v. Labor & Industry Review Commission, No. 2016AP2355, 02/07/2018, unpublished. Facts: Matthew O'Brien began working as a correctional officer in 2004. In 2007, he sustained a neck injury while on military duty. He received medical treatment for cervical neck pain in the years that followed. In April 2013, O’Brien went to see Dr. Yashdip Pannu. O'Brien reported progressiv...

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