$90,000.00 Workers’ Comp Settlement for Shoulder Injury

Case Study

July 14, 2016

An employee from Lewisberry, PA, working as a merchandiser for a soda company, sustained a work injury accepted as a right shoulder strain/sprain in September 2014, by the insurance carrier, Indemnity Insurance Company of North America. The injured worker was treating with Steven M. DeLuca, D.O., and the insurance carrier filed a Utilization Review Request regarding his prescribing an H-Wave stimulator for the employee to use. A Utilization Review was performed which found that the H-Wave machine was not reasonable and not necessary for the injured worker’s injury. We filed a Petition for Review of the Utilization Review Determination. While the claim was being actively litigated, the case ultimately settled for $90,000 for a full compromise and release. Although the injured worker resolved the wage loss and medical benefits, the parties continue to litigate the Petition to Review the Utilization Review Determination regarding the H-wave machine. Including the settlement, the injured worker received $120,848.68 in wage loss benefits and $44,559.23 in medical benefits to date for her work injury.