Workers’ Compensation partner in TTH’s Pittsburgh Office, Catie McLaughlin recently had a favorable decision affirmed by the Workers’ Compensation Appeal Board. By way of background, the Claimant was a police officer for Shaler Township. He had a work injury in August 2022 while responding to a domestic dispute when he was bitten on the left hand by a dog. The work injury was acknowledged medical only as a dog bite/puncture wound. Over the course of two weeks, he received several rabies vaccinations. During this time, he was instructed to hold his Xeljanz medication that he took for underlying rheumatoid arthritis. He filed a Claim Petition alleging that he had a significant flare up of his RA during that two (2) week period that in turn caused a lumbar disc herniation. The Claimant underwent two surgeries – a microdiscectomy in July 2023 and a subsequent fusion in October 2023. During his testimony, the Claimant admitted that he did not have any low back pain immediately after the dog bite and the low back complaints did not start until December 2022, months after the work injury. However, when he presented for the IME with Catie’s medical expert, the Claimant reported that he had a twisting injury and complained of low back pain at the time of the work injury, which was wholly inconsistent with the medical records.

Ultimately, the WCJ denied the Claimant’s Claim Petition in its entirety, finding that the Claimant failed to sustain his burden of proving that the dog bite caused the disc herniation and subsequent need for the two surgeries.

Claimant relied on his treating rheumatologist. She testified that the Claimant had such a severe muscle spasm from holding his medication that it “literally pull[ed] the Claimant’s spine out of alignment” and therefore caused a disc herniation. However, the Claimant continued to work from August 2022 through March 2023, when he first went off work for surgery – a fact that the Judge heavily relied upon. The Judge accepted the IME doctor’s opinions in their entirety. While the defense medical expert acknowledged that the Claimant had a flare of his RA during the time he held his Xeljanz, it was impossible for the Claimant to sustain a disc herniation as a result of an RA flare. Rather, RA flares affect the joints, typically of the extremities, not the spine. The Judge indicated that the Defense examiner’s opinion was consistent with the treating rheumatologist’s treatment notes, which confirmed swelling and pain in the hands and wrists. This decision was affirmed by the WCAB in its entirety.