The injured worker was a 55-year-old male tractor trailer driver who fell on ice in the course of his employment, injuring his right ankle, resulting in surgery. He developed a complex regional pain syndrome subsequent to the surgery. We were able to successfully prevail on a claim for permanent and total disability following the expiration of his temporary total disability benefits. The Insurer attempted to reduce the injured worker’s benefits at the Department of Industrial Accidents based upon a report of an examination by a physician retained by the Insurer (IME) in which the physician indicated that he had a work capacity. We prevailed at the Conference level, maintaining his permanent and total disability benefit, and were able to settle the claim prior to Hearing.
