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$152,500 – Work Comp Settlement for Ankle Fracture

A Union employee from Halifax, PA, working as a steel worker, sustained a work injury in September 2016 where he crushed his right ankle between two pieces of steel.  The insurance carrier, ESIS, accepted as a left ankle contusion.  They day the injury occurred, the employee immediately had to have surgery to repair his ankle with plates and screws by the Company Doctor.  The injured worker has ongoing pain in his ankle and couldn’t use walk properly.  The Company Doctor sent him for a Functional Capacity Exam at his office which reported he could return to medium duty work in April 2017.  The injured worker immediately got a second opinion at Hershey Medical Center.  The doctor at Hershey Medical Center didn’t allow him to return to work because the injured worker was still suffering from a broken ankle that hasn’t healed properly and required an additional surgery to fix.  The employer advised the employee that he was to return to work in May 2017 based on the FCE working in a different position within his restrictions.  The injured worker did not return to work because his doctor at Hershey Medical Center advised that he disapproved the job.  Because the employee did not return to work, the insurance carrier filed Modification and Suspension Petitions.  We then filed a Review Petition seeking to have the description injury amended to left ankle displaced and comminuted distal fibular shaft fracture, displaced medial malleolus fracture requiring surgery and a plate to correct and posterior tibial tendon dysfunction.  The insurance carrier had the employee attend an independent medical examination in July 2017.  The IME physician, Dr. Pollack,  reported that the injured worker’s ongoing symptoms were related to his work injury and that he was not fully recovered.  While the case was being litigated, the parties attended a Mediation and an amicable resolution was reached and it was resolved for $152,568 via a Compromise and Release Agreement.  At the time of the settlement, the injured worker was awaiting further surgery.  The insurance carrier agreed to pay for the surgery.  During the pendency of the claim, the injured worker received $215,299.62 in wage loss benefits and $28,786.40 in medical benefits for his work injury.

Contact an experienced Harrisburg workers’ compensation lawyer at Calhoon & Kaminsky at 877-291-9675 for more information.   Be sure to order a FREE copy of our book, 7 Deadly Sins That Can Destroy Your Pennsylvania Workers’ Comp Case.

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