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Calhoon and Kaminsky wins Wage Loss Benefits and Medical Benefits for PA Injured worker after Employer claimed the injury never happened

Harold Crisp (name changed for this summary) was injured in the course of his employment in Carlisle, PA. Gallagher Bassett, the workers’ compensation insurance carrier for the employer,
issued a Notice of Temporary Compensation Payable (NTCP) on June 22, 2016 for Mr. Crisp’s June 8, 2016 work injury described as a right knee sprain. The insurance carried then issued a Notice of Workers’ Compensation Denial on August 9, 2016.

We filed a Claim Petition for the injury which was actually an injury to his right knee, blood clots in the right leg and right-sided foot drop. We sought payment of TTD wage loss benefits from the date of injury and ongoing until his condition should change in accordance with the Act, along with the payment of related medical bills, interest, litigation costs and attorney’s fees.

Mr. Crisp testified he was working the maintenance department when while emptying the tank of a driveable floor scrubber into a manhole, he slipped and his left leg fell into the manhole with his right leg behind and underneath him. Claimant reported his injury and noted that he pain in his low back and right leg while he finished his shift the day the injury occurred. The next morning he woke with right leg pain and his knee down to his foot was numb and he had difficulty moving his foot. He called his supervisor who advised him to go to the emergency room. He was then referred to Dr. Dahl at OIP. Physical therapy was attempted but was stopped because his leg was swelling, red and warm. He was sent to the ER where he was placed on medication for blood blots. He has to use a compression stocking, a foot brace and a knee brace. He testified he had not worked since the injury occurred and that none of his doctors had released him to return to work.

Defendant had 4 fact witnesses testify in this case. The HR witnessed testified she spoke with Mr. Crisp and completed a First Incident Report regarding the incident. His supervisor testified he completed a written statement regarding the incident. Two co-workers also testified that they did not Mr. Crisp injured himself. One of the co-workers testified he completed a written statement but then wrote a second one at the direction of his supervisor. The two co-workers gave different answers as to that Mr. Crisp was wearing the day of the injury and what the weather was that day.

Dr. Dahl testified that Mr. Crisp had decreased range of motion in his right leg, that he had foot drop and blood clots. He testified Mr. Crisp suffered an exacerbation of preexisting osteoarthritis of the right knee, multiple DVTs involving the right lower leg and acute severe peroneal nerve palsy resulting in foot drop and a medial collateral ligament strain/sprain of the knee and that he later developed cellulitis because of having to wear a brace. He indicated any surgery would have to wait until Mr. Crisp completed his Coumadin therapy for his blood clots.

The Judge found Mr. Crisp to be more credible than the testimony of the Defense’s four fact witnesses and specifically wrote in his Decision that he found the two co-workers’ recollection of the evening to be untrustworthy. The Judge granted our Claim Petition and the description of injury was found to be exacerbation of preexisting osteoarthritis of the right knee, medial collateral ligament strain/sprain of the right knee, multiple DVTs involving the right lower extremity, acute severe peroneal nerve palsy resulting in foot drop and right leg cellulitis. The Judge awarded payment of TTD wage loss benefits from June 9, 2016 and ongoing until otherwise agreed or adjudicated. The insurance carrier was also ordered to pay for all of Mr. Crisp’s related medical bills.

The law firm of Calhoon & Kaminsky represents injured workers throughout Pennsylvania, including but not limited to, Altoona, Harrisburg, Pottsville, Allentown, Reading, Bloomsburg, Easton, Bethlehem, Norristown, Bristol, Williamsport, State College, Wilkes-Barre, Scranton, Lancaster, Waynesboro, York and all cities in Bucks County, Chester County, Columbia County, Dauphin County, Delaware County, Lackawanna County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Montgomery County, Monroe County, Montour County, Northampton County, Northumberland County, Philadelphia County, Pike County, Schuylkill County, Wyoming County and York County, PA.

Our offices are located at 2411 North Front Street, Harrisburg, PA and we can arrange for meeting locations at law offices throughout the State.

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