On November 11, 2010, we filed a Claim Petition as her workers’ comp attorneys, on behalf of the injured worker, alleging neck injuries and seeking compensation benefits from October 3, 2010 and also filed a Petition for Review of Utilization Review Determination to review chiropractic treatment rendered  by Dr. Albert J. Skocik as being reasonable and necessary.  The petitions were filed against her own company as the employer and her workers’ compensation insurance company

The Claimant treated with Dr.  Skocik, a Pennsylvania licensed Chiropractor who has been in practice since 1989.  Dr. Skocik prescribed physical therapy and performed a physical demand test.  Dr. Skocik performed electrophysiological testing on November 18, 2010 and his finding was consistent with acute to mild moderate right C-5 and C-6 radiculopathy.  Dr. Curtis Goltz of Orthopedic Institute of Pennsylvania (O.I.P.) took x-rays, ordered an MRI of the Claimant’s neck & shoulder which revealed a right shoulder labrum tear, cerfical radiculitis secondary to post-traumatic disc bulge at C-5, C-6.  Dr. Goltz referred the Claimant to Dr. Haueisen of Susquehanna Valley Pain Management.  Dr. Haueisen first saw her on October 29, 2010 and concluded she had neck and right shoulder pain with radiculitis on the left and a labrum injury in the shoulder and neck.  Dr. Haueisen treated the Claimant with cervical epidural steroid injections at C-5, C-6.  

As of October 3, 2010, the Claimant could not perform the job she had at the time of the injury.  Dr. Skocik and Dr. Goltz restricted the Claimant to sedentary desk type work. 

Dr. Skocik’s opinion was that the Claimant’s left wrist tendonitis was related to the work related injury of September 17, 2010.  Dr. Skocik testified that he concurred with Dr. Goltz’s diagnosis of a labral tear of the right shoulder based on the MRI results.  Dr. Skocik’s opinion was that the cervical radiculitis in the Claimant’s C-6 region was definitely as a result of the September 17, 2010 work related injury.  Dr. Skocik testified that the Claimant may require more aggressive care for her neck in the future (this turned out to be true in the nature of a a cervical surgery) and that the labrum in her right shoulder would never recover to the point it was prior to the motor vehicle accident.

An I.M.E. was performed an IME on the Claimant on May 27, 2011 and diagnosed the Claimant with a cervical sprain injury related to the September 17, 2010 motor vehicle accident.  The I.M.E. doctor hired by the workers’ compensation insurance company that the cervical spine MRI findings of right sided foraminal stenosis and disc protrusion were not related to the September 17, 2011 work related injury.  She also treated with Dr. Edwin Aquino, who performed a physical examination of the Claimant on March 15, 2011. Dr. Aquino’s report stated the Claimant had cervicodorsal pain and radicular pain to the right upper extremity with numbness and paresthesis, and numbness and paresthesis of the left wrist.  

Dr. Jess Armine performed the Utilization Review Determination in this case and conclude the treatment under review was not reasonable or necessary because it did not comply with established treatment protocol.  Dr. Armine further opined that the records reviewed did not support the reasonableness of any of the treatments by Dr. Skocik.  

The Petitions were assigned to Judge David Weyl in Harrisburg, Dauphin County. The Judge found the Claimant’s testimony to be credible and accepted the same as fact and further noted the Claimant’s strong incentive to return to work.  The Judge found the opinions of Dr. Skocik to be credible, consistent and supported by the medical evidence and accepted the same as fact. He rejected in part the testimony of the I.M.E. doctor to the extent that his opinions were inconsistent with the credible opinions of Dr. Skocik, and accepted the I.M.E. doctors testimony to the extent that the Claimant was fully recovered from her work related injuries as it was consistent with the opinions of Dr. Goltz and Dr. Skocik.  The Petition for Review of Utilization Review Determination was granted so that the workers’ comp carrier was ordered to pay the medical treatment bills with Dr. Skocik.  

The Judge granted the Claimant’s Claim Petition and ordered the Defendant and Erie Insurance Exchange to pay work comp temporary partial disability benefits with statutory interest.  The Judge ordered the Defendant and Erie Insurance Exchange to reimburse the litigation costs. Feel free contact us with any workers’ compensation questions at 1-877-291-9675.

His  previous job duties included using a buffer/polisher for the first year he was employed by Harley  Davidson.  He began to have problems with his hands during that time and the hand problems continued with his electrician position.   His work duties include lifting 25 to 75 pounds and working with tools such as drill motors and hammer drills and he  testified that he has experienced the hand symptoms since he began working for Harley Dadidson and that they have been getting progressively worse.  

Dr. Peter J. VanGiesentreated him with anti-inflammatory agents, bracing and cortisone injections.  These treatments provided the Claimant with temporary relief.  Dr. Peter J. VanGiesen reviewed an MRI of the Claimant’s right and left wrists which showed degenerative chronic changes in the hand, particulary in the basilar joint of the thumb.  Dr. VanGiesen diagnosed the Claimant with scapholunate advanced collapse, or SLAC wrist, arthritis of the left thumb as well as carpal tunnel syndrome of both wrists.  Dr.VanGiesen felt the Claimant’s problems were aggravated by his current work assignment and felt that the Claimant required four-quadrant fusion of the degenerative area and the SLAC of the right wrist as well as ligament reconstruction and tendon interposition arthroplasty of the left thumb in order for him to continue working.  Dr. VanGiesen felt the Claimant’s problems were aggravated by his work assignment.  

The Employer introduced the testimony of Dr. David F. Zelouf, MD, who conducted a physical examination of the Claimant which revealed swelling consistent with the SLAC wrist process and diagnosed the Claimant with stage II SLAC wrist process on the right side.  Dr. Zelouf diagnosed the Claimant with stage III osteoarthritis of the thumb CMC joint, which indicated arthritis between the metacarpal and the trapezium.  Dr. Zelouf was of the opinion that these conditions were not related to the Claimant’s job duties but to the Claimant’s age.  The employer argued that the problems were due to driving his Harley Davison motorcycle manufactured by the Employer! 

The Petitions were assigned to Workers Compensation Judge Wayne L. Dietrich  in Harrisburg. 

 The Judge found the Claimant’s testimony to be credible and accepted the same as fact.  The Judge found the testimony of Dr. Zelouf to be credible to the extent that it was consistent with the report of Dr. VanGiesen but incredible where Dr. Zelouf found the Claimant’s physical problems were not related to his job duties.  The Judge found Dr. VanGiesen’s report to be credible, clear and concise and accepted the same as fact. 

The Judge found the Claimant had sustained his burden of proving he had sustained a work related injury in the nature of degenerative arthritis, SLAC wrist and carpal tunnel syndrome of both wrists and granted the Claimant’s Claim Petition, and ordered the Employer and American Casualty Co. of Reading to pay costs of litigation.  The Judge also ordered the Employer and American Casualty Co. of Reading to pay all reasonable, necessary and related medical bills concerning the work  injury.   If you have any questions regarding work related carpel tunnel syndrome or workers’ comp, feel free to contact us for free legal advice.

Claude Munday, Ph.D. testified that Iwouma’s multiple concussions affected his mental skills, including memory, metal flexibility difficulties and cognitive dysfunction.  Dr. Munday felt that Iwouma puts himself at risk by continuing to play football.  James Bradley, M.D. testified that at least every other game, Iwouma hurt his left shoulder; that Iwouma is able to continue to play football despite the shoulder and wrist injuries; and that if Iwouma continues to play professional football, he would get progressive degenerative arthritis of the shoulder and wrist, repeated rotator cuff strains, decreased shoulder function, and loss of wrist motion.  Glenn Buterbaugh, M.D. treated Iwouma for his wrist, and testified that he could continue to play professional football, but he would have limited function of the wrist and would be at risk for re-injury.

The Judge found that Iwouma’s injuries worsened to the point that he was unable to play professional football.  Wage loss benefits were awarded as of September 2, 2007, the last day worked for the Pittsburgh Steelers.  The Judge also determined that the Pittsburgh Steelers presented an unreasonable contest of the Claim Petitions entitling an award of attorneys fees to be paid by the Steelers, but the on June 15, 2011, Workers’ Compensation Appeal Board disagreed, stating that the Steelers reasonably questioned whether Iwouma was disabled, as their medical doctors felt Iwouma could play professional football, but with risk of re-injury and development of arthritis and because he went on to play for the Tennessee Titans for a brief period of time.

DEPARTMENT OF HEALTH

Amendments to Charges for Medical Records

[41 Pa.B. 6453]
[Saturday, December 3, 2011]

 Under 42 Pa.C.S. §§ 6152 and 6155 (relating to subpoena of records; and rights of patients), the Secretary of Health (Secretary) is directed to adjust annually the amounts which may be charged by a health care facility or health care provider upon receipt of a request or subpoena for production of medical charts or records. These charges apply to any request for a copy of a medical chart or record except as follows:

 (1) Flat fees (as listed in this notice) apply to amounts that may be charged by a health care facility or health care provider when copying medical charges or records either: (a) for the purpose of supporting any claim or appeal under the Social Security Act or any Federal or State financial needs based program; or (b) for a district attorney.

 (2) An insurer shall not be required to pay for copies of medical records required to validate medical services for which reimbursement is sought under an insurance contract, except as provided in: (a) the Worker’s Compensation Act (77 P. S. §§ 1—1041.1 and 2501—2506) and the regulations promulgated thereunder; (b) 75 Pa.C.S. Chapter 17 (relating to financial responsibility) and the regulations promulgated thereunder; or (c) a contract between an insurer and any other party.

 The charges listed in this notice do not apply to an X-ray film or any other portion of a medical record which is not susceptible to photostatic reproduction.

 Under 42 Pa.C.S. § 6152.1 (relating to limit on charges), the Secretary is directed to make a similar adjustment to the flat fee which may be charged by a health care facility or health care provider for the expense of reproducing medical charts or records when the request is: (1) for the purpose of supporting a claim or appeal under the Social Security Act or any Federal or State financial needs based benefit program; or (2) made by a district attorney.

 The Secretary is directed to base these adjustments on the most recent changes in the Consumer Price Index reported annually by the Bureau of Labor Statistics of the United States Department of Labor. For the annual period of October 31, 2010, through October 31, 2011, the Consumer Price Index was 3.5%.

 Accordingly, the Secretary provides notice that, effective January 1, 2012, the following fees may be charged by a health care facility or health care provider for production of records in response to subpoena or request:

 In addition to the amounts listed previously, charges may also be assessed for the actual cost of postage, shipping and delivery of the requested records.

 The Department is not authorized to enforce these charges.

 Questions or inquiries concerning this notice should be sent to James T. Steele, Jr., Deputy Chief Counsel, Department of Health, Office of Legal Counsel, Room 825, Health and Welfare Building, 625 Forster Street, Harrisburg, PA 17120, (717) 783-2500.

 Persons with a disability who require an alternative format of this notice (for example, large print, audiotape, Braille) should contact James T. Steele, Jr. at the address or phone number listed previously, or for speech and/or hearing impaired persons V/TT (717) 783-6514, or the Pennsylvania AT&T Relay Services at (800) 654-5984.

 *Note: Federal regulations enacted under the Health Insurance Portability and Accountability Act at 45 CFR Parts 160—164 state that covered entities may charge a reasonable cost based fee that includes only the cost of copying, postage and summarizing the information (if the individual has agreed to receive a summary) when providing individuals access to their medical records. The United States Department of Health and Human Services has stated that the fees may not include costs associated with searching for and retrieving the requested information. For further clarification on this issue, inquiries should be directed to the Office of Civil Rights, United States Department of Health and Human Services, 200 Independence Avenue, S.W., Room 509F, HHH Building, Washington, D.C. 20201, (866) 627-7748, http://www. hhs.gov/ocr/hipaa.

ELI N. AVILA, MD, JD, MPH, FCLM, 
Secretary

[Pa.B. Doc. No. 11-2062. Filed for public inspection December 2, 2011, 9:00 a.m.]

If you need any help in applying for or appealing your Pennsylvanis (PA) Social Security Disabilty claim, feel free to contact calhoon & associates at 1-877-291-9675.

Pennsylvania Workers’ Compensation attorney Ron Calhoon explains that your medical benefits can last up to lifetime as long as they relate to the injury and are reasonable, necessary medical treatments.

In most cases, your wage loss benefits can last up to 11.6 years, as long as certain things happen. For instance, a Workers’ Compensation judge finds you full recovered. Watch the video now to learn more.

For more information about Workers’ Compensation in Pennsylvania, visit our educational website at http://WorkInjuryinPA.com. If you have legal questions, I want you to call me at (877) 291-9675. I welcome your call.

Jason Cato reported, as follows,  in the PITTSBURGH TRIBUNE-REVIEW in  January 2012 that those injured on the job would have more information about which lawyers are better qualified to handle workers’ compensation cases, because of a ruling by the PA Supreme Court.

Read more: Workers’ comp lawyers get court’s OK to certify – Pittsburgh Tribune-Review http://www.pittsburghlive.com/x/pittsburghtrib/business/s_777522.html#ixzz1lRAxhZOb ]]> http://www.pa-workers-comp-lawyers.com/pa-supreme-court-workers-comp-lawyers-able-to-be-certified-as-specialist/feed 0 http://www.pa-workers-comp-lawyers.com/maximum-workers-compensation-rate-established-for-pa-work-injuries http://www.pa-workers-comp-lawyers.com/maximum-workers-compensation-rate-established-for-pa-work-injuries#comments Fri, 03 Feb 2012 14:31:21 +0000 Admin http://www.pa-workers-comp-lawyers.com/?p=1225 The Pennsylvania Department of Labor & Industry has determined the statewide average weekly wage for work injries ccurring on and after Jan. 1, 2012, shall be $888.00 per week. The … [Read more]

Things can change in an instant when you are hurt on the job or develop a work-related illness.  A major work injury can impact your career, your family and your lifestyle.

Under the Pennsylvania Workers’ Compensation Act, you could be entitled to benefits.  There are steps you need to take, including notifying your employer of the injury. This notification must take place within 120 days of the injury.

Here are some of the steps that should be taken following a York work accident:

• You need to tell the right people at work. What does that mean? It means you need to not only inform a union steward or representative, you also need to tell someone who is a “supervisory authority.”  For example, you should talk to your nursing director, company nurse, human resource director or line supervisor.

• Your employer should create an accident report after being notified of the incident.  If your employer refuses to do so, keep track of the injury date and whom you told.  You should also notate that your employer denied your request for an accident report.

• The accident report needs to be filed with the Department of Labor and Industry within 15 days from the injury date.  After it is reported, the insurance company is required to accept or deny your claim within 21 days.

A work accident can be overwhelming enough, without adding the extra stress of filing for Pennsylvania workers’ compensation benefits.  An experienced York workers’ compensation attorney may be able to help you with your claim.

About Calhoon & Associates
If you have been injured in a work-related accident, you may be entitled to Pennsylvania workers’ comp benefits.  Contact an experienced York workers’ compensation lawyer at Calhoon & Associates 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.