Winslow v. D & B Mechanical Contractors
In Winslow v. D & B Mechanical Contractors, 69 Ark. App. 285, 13 S.W.3d 180 (2000), the claimant stated that he did not benefit from a surgery, and even the surgeon who performed the procedure believed that it would not be effective.
The Court affirmed the Commission's finding that the surgery was not reasonably necessary for treatment of the compensable injury.
The Court ruled that postsurgical improvement is a proper consideration in determining whether the surgery was reasonable and necessary.