On January 19, 2010 the Claimant requested a referral for laser back surgery from Dr. Adebajo, who agreed and asked the Claimant to provide the name of the surgeon and the facility.  The Claimant provided the name of Dr. Vernon Morris at the Laser Spine Institute.

On May 26, 2010, the Claimant treated with Dr. Joytish Grover, a pain management specialist, who diagnosed failed back surgery syndrome, lumbar cervical radiculopathy and chronic neuropathic pain.  Dr. Grover recommended bilateral epidural steroid injections and a spinal cord stimulator if the injections didn’t work.  Dr. Grover also ordered an MRI and CT of the lumbar spine.  Dr. Portner felt it was highly unlikely that additional surgical intervention would improve the Claimant’s condition and found such intervention to be unreasonable and unnecessary. 
On October 12, 2010 the Claimant filed a Petition to Review the Utilization Review Determination of Dr. Portner.  Dr. Adebajo noted in a December 16, 2010 report that the Claimant was still in persistent pain and had numbness, tingling and bladder problems in spite of his operation.  Dr. Adebajo noted that a surgical consult would be reasonable in the Claimant’s circumstances. 

The Claimant’s Petition to Review the Utilization Review Determination was assigned to Workers Compensation Judge Robert Vonada in Altoona, Centre County, PA.  The Judge found the findings and opinions of Dr. Adebajo to be more credible and persuasive than those of Dr. Portner.  Dr. Portner stated he felt a surgeon could not help the Claimant, but he did note Dr. Grover may recommend a surgical evaluation for placement of a spinal stimulator. Dr. Adebajo testified the next step following Dr. Grover’s evaluation was to be evaluated by a surgeon.  Therefore the Judge found Dr. Adebajo’s referral for a surgical evaluation was reasonable and necessary.

The Judge found the Employer did not meet its burden to establish that a surgical consultation at the office of Dr. Vernon Morris was unreasonable and unnecessary.  The Claimant’s Petition to Review the Utilization Review Determination was granted.  The Employer and Delhaize America, LLC were ordered to reimburse the medical expense of the consultation with Dr. Vernon Morris at the Laser Spine Institute.

Two workers were injured on August 29, 2011, when a structure at a building under construction partially collapsed.  The employees were employed by Arnold Building, and suffered a head injury and back injury. 

 If you have a question about workers’ compensation in Pennsylvania, call us at (877) 291-9675 for a no obligation, free consultation.

Source:  WPXI.com, August 29, 2011

Yorktowne Paperboard Corp. located in Spring Garden Township, York County, will be closing by October 17, 2011.  The closing will leave 78 employees without jobs.   The workers are represented by the United Steelworkers.

Employees who suffered a work injury, are currently working with medical restrictions and are laid off may be entitled to a reinstatement of workers compensation benefits. Your receipt of unemployment compensation does not hurt your rights to receive workers’ compensation, which is tax free and can last 11.6 years or longer. A Pennsylvania workers compensation attorney at Calhoon & Associates can help determine if you are entitled to workers compensation benefits.

Source:  Pennlive.com, August 20, 2011

August 21st, 2011 Posted to Blog, News, Worker's Compensation | Comments (1)

George Rininger, a scrap metal worker for Kantner Iron & Steel, was killed on August 19, 2011, when cutting a lock off a large box of steel which contained at least 50 lbs. of explosive black powder.  Mr. Rininger was unaware that the box contained explosive material.  He suffered burns and was taken to a Pittsburgh hospital.

If you have a question about workers’ compensation in Pennsylvania, call us at (877) 291-9675 for a no obligation, free consultation.

Source:  Health & Safety News, August 19, 2011

As part of qualifying for Social Security Disability benefits, there must be proof of your physical or mental disability.  This is done by undergoing a medical evaluation which addresses your disability.  There are several medical facilities in the Harrisburg, Pennsylvania area which will perform this medical evaluation for free or at a reduced rate.

Hamilton Health Center

1821 Fulton Street

P.O. Box 5098

Harrisburg, PA  17102

(717) 230-3909

Hamilton Health Center

1650 Walnut Street

Harrisburg, PA  17103

Mission of Mercy

124 South 13^th Street

Harrisburg, PA  17104

Employees who were injured at work before August 31, 1993 receive a minimum of $90.00 a week in workers’ compensation benefits.  Beginning January 1, 2007, these injured workers are entitled to an increase in their minimum weekly compensation rate, to $100.00 a week. (House Bill 2738, Session of 2006).  If you are receiving a minimum compensation rate of $90.00 a week, were injured before August 31, 1993, and think you are entitled to an increase in your workers’ compensation rate, please contact Calhoon & Associates for a free, no obligation consultation.

We represent people all over PA with Workers Compenstion claims. Give us a call today.

C&S Wholesale Grocers, Inc. in West Hanover Township, Harrisburg, PA has laid off 260 workers. The warehouse at 100 Quality Circle has closed.

Employees who suffered a work injury, are currently working with medical restrictions and are laid off may be entitled to a reinstatement of workers compensation benefits. Your receipt of unemployment compensation does not hurt your rights to receive workers. compensation, which is tax free and can last 11.6 years or longer. A Pennsylvania workers compensation attorney at Calhoon & Associates can help determine if you are entitled to workers compensation benefits.

Source: Pennlive.com, June 20, 2011

The Claimant, a resident of Williamsport, Lycoming County, suffered a work injury to the lower back on December 17, 1998, while employed by United Parcel Service.

The Employer filed Petitions to Modify and Suspend Workers Compensation Benefits on November 5, 2001. The Petitions were assigned to Judge Kenneth P. Walsh in Williamsport, Pennsylvania.

At a hearing held on January 22, 2002 the Employer testified the Modification and Suspension Petitions were based on assertions that the Claimant had earning power based upon a market survey. The Employer testified it did not have a job available that matched the work restrictions offered by Dr. Wolk, the physician who examined the Claimant. The Caimant’s counsel made a motion to have the petitions dismissed because no Notice of Availability to Return to Work was issued to the Claimant. Following the January 22, 2002 hearing, the Employer sent a letter to Judge Walsh withdrawing the Modification and Suspension Petitions.

The Judge found that the Employer could not prove a Notice of Ability to Return to Work was mailed to the Claimant and therefore the Modification and Suspension Petitions amounted to an unreasonable contest. The Judge withdrew the Employer’s Modification and Suspension Petitions and ordered the Employer and Liberty Mutual Insurance Company to pay $123.737.01 directly to the Claimant and $18,250.00 in attorney fees.

A Compromise and Release Agreement was submitted by all parties at a hearing held in Williamsport, Pennsylvania before Judge Walsh on December 13, 2002. The Claimant agreed that he had received all medical benefits to which he was entitled as of the date of the Agreement and that the Employer would not pay the Claimant’s medical expenses after December 13, 2002. The Judge approved the Compromise and Release Agreement and ordered the Employer and Liberty Mutual Insurance to pay the Claimant a lump sum of $150,000.00 and to pay attorney fees in the amount of $18,2500.00.

The injured worker, a resident of Schuylkill Haven, Schuylkill County, suffered a work injury to the right ankle and foot on March 29, 2009 while employed by Prostat as a certified nursing assistant.

The Claimant was assisting a patient to stand up when the patient began to fall. The Claimant was standing behind the patient’s wheelchair and attempted to prevent the patient from falling and rolling backwards. The tip of the Claimant’s toe got caught under the wheelchair stopper as the patient fell back into the chair and the Claimant felt a popping sensation in the back of her right ankle. The Claimant went to the Good Samaritan Medical Center Emergency Room. X-rays were performed, a brace and crutches were prescribed and the Claimant was referred to Indusrial Med. The Claimant saw Dr. Myron D. Haas, D.O., a board certified orthopedic surgeon, who diagnosed the Claimant with a right Achilles tendon sprain and torn ligaments. The Claimant underwent an MRI on April 2, 2009, which revealed a tear and sprain of the posterior tibiofibular ligaments of the ankle. Dr. Haas prescribed physical therapy, medication for pain and inflammation and light duty restriction. On April 14, 2009, the Claimant filed a Claim Petition for Workers Compensation, alleging she suffered a right ankle and foot injury on March 29, 2009. On April 27, 2009, the Employer filed an Answer denying the allegations in the Claim Petition.

As indicated by a note from Dr. Haas dated May 13, 2009, the Claimant was limited to desk work. The Claimant testified that when she returned to work in June of 2009, she was directed to do full time nursing duties, against Dr. Haas’s restrictions, and that her symptoms returned. The Claimant testified that she experienced a lot of pain and cramping in her Achilles tendon and constantly felt pressure in her ankle. On October 20, 2009, the Claimant was examined by the Employer’s medical expert, Dr. Scott Naftulin, D.O.

The Employer presented a report of an October 20, 2009 examination of the Claimant from Scott Naftulin, D.O. who wrote that the mechanism of the Claimant’s injury was consistent with the diagnosis in terms of the March 29, 2099 work injury. Dr. Naftulin also wrote that he could not relate the Claimant’s right lower extremity symptomatic complaints to the March 29, 2009 work injury.

On April 17, 2009 the Claim petition was assigned to Judge Robert Goduto in Pottsville, Pennsylvania. On April 27, 2009 the Employer filed an Answer denying the allegations in the Claim Petition.

The Judge found the testimony of Dr. Haas to be credible and adopted as fact that the Claimant suffered a sprain to the ligaments of the right ankle and strain to the Achilles tendon of the right ankle as a result of the March 29, 2009 work
injury. The Judge further found the March 29, 2009 work injury required the Claimant to have work duty restrictions. The Judge found the Employer offered no factual evidence to dispute the facts and the review of their medical expert, Dr. Scott Naftulin, confirmed the diagnosis of Dr. Haas.

The Judge ordered the Employer and the State Workers Insurance Fund to pay the Claimant’s weekly wage benefits from March 29, 2009 to June 2, 2009 in the amount of $2732.4, with a credit for unemployment benefits received by Claimant. The Employer and the State Workers Insurance Fund was ordered to pay the Claimant’s continued reasonable and necessary medical expenses into the future. The Employer was ordered to pay $3,858.75 in counsel fees.

On August 11, 2011 two employees of Southwest Delaware County Sewer Authority were injured, one fatally. The employees were cleaning a valve, when they fell inside a well. The accident occurred at the Aston pumping station, outside Philadelphia, Pa.

If you have a question about workers’ compensation in Pennsylvania, call us at (877) 291-9675 for a no obligation, free consultation.

Source: Canadian Business, August 11, 2011