June 16, 2011
The injured worker, a resident of Selinsgrove, Snyder County, suffered a work injury on June 15, 2009, to the neck and shoulder while employed with Anthracite Industries as a general laborer. He was a member of Teamsters Local Union No. 764.One of the Claimant’s duties was to lift fifty pound bags of carbon, carry them approximately two meters and place them on a pallet. Sometimes the Claimant would stack the bags above the level of his chin. The Claimant began experiencing neck and shoulder symptoms prior to the June 16, 2009 work injury and had shoulder pain that made him unable to lift bags of carbon. On June 16, 2009 the Claimant experienced a neck strain and left shoulder strain after stacking the fifty pound bags.
On July 8, 2009 the Employer filed a Notice of Compensation payable, accepting liability for the Claimant’s June 15, 2009 work injury. On November 2, 2009 the Employer filed a Notification of Suspension of Compensation, suspending the Claimant’s benefits. On April 15, 2010 the Claimant filed a Petition to Reinstate Compensation Benefits as of February 1, 2010. The Reinstatement Petition was assigned to Workers’ Compensation Judge Thomas Kutz in Pottsville,Schuylkill County.
The Claimant treated with Dr. Mahmood Nasir from early April 2009 through June 2009. Dr. Nasir is board certified by the American Academy of Pain Management and maintains a neurology and neurophysiology practice through the PA Institute of Neurological Disorders. Treatment included four injections in the Claimant’s neck and shoulder every two months and pain medication. The Claimant remained at home recovering from the June 16, 2009 work injury. On July 8, 2009, the Employer filed a Notice of Suspension indicating the Claimant’s ability to return to work.
The Claimant returned to work on November 2, 2009, under Dr. Nasir’s restrictions not to lift bags at a level above his shoulders or lift anything weighing more than twenty-five pounds. When the Claimant returned to work November 2, 2009, he drove a forklift, moved carbon sifting screens and lifted lift sacs weighing twenty-five pounds. The Claimant testified that between November 2009 and February 2010 the muscles in his neck got tight and lifting even lightweight items resulted in excruciating shoulder pain. The Claimant saw Dr. Nasir on December 8, 2009 and reported his pain was a level eight or nine on a one to ten scale. Dr. Nasir diagnosed the Claimant with diminished left side reflex, cervical flexion, limited and tender cervical spine and treated the Claimant with pain medication, nerve blocks and limited work restrictions. On February 1, 2010 Dr. Nasir took the Claimant off work, and wrote a letter to claims adjustor Greg Uditis explaining why the Claimant would not be able to work. On March 16, 2010, April 27, 2010 and May 27, 2010, Dr. Nasir’s examinations showed diminished reflexes on the left side, cervical spasm and limited cervical range of motion.
Dr. Nasir testified the Claimant was at risk of a ruptured disc if he continued to be pushed at work any further, necessitating emergency surgery and potential “misery for the rest of his life.” Dr. Nasir testified that the combined treatment of nerve blocks, pain medicine and not working would keep the Claimant at least functional.
The Employer presented the testimony of Paul S. Lin, MD, who treated the Claimant on March 15, 2010 and April 25, 2010. Dr. Lin’s assessment was that the Claimant had bulging discs at the C6-7 and C7-T-1 levels. Dr Lin released the Claimant to return to work April 27, 2010. The Employer also presented testimony of Timothy L. Hendricks, the Claimant’s general manager at work, who testified he was told the Claimant was released to return to work with a twenty pound lifting restriction.
Judge Kutz, in his decision of May 3, 2011, found the Claimant’s testimony credible. Judge Kutz found Dr. Lin’s testimony credible as to the Claimant’s orthopedic condition of bulging discs at C6-7 and C7-T1. However, the Judge did not accept as fact Dr. Paul Lin’s opinion that the Claimant was fully recovered and able to return to work in April 2010 and May 2010. The Claimant’s Reinstatement Petition was granted and benefits were reinstated as of February 1, 2010. The Employer and Chartis Claims Inc were ordered to pay the Claimant’s benefits at the weekly rate of $418.00 from February 1, 2010, into the future. The Employer and Chartis Claims Inc were ordered to pay ten percent (10%) per annum interest on past due benefits and further ordered to continue paying the Claimant’s medical expenses.
After payment of the above and weekly comp benefits at $418.00 per week, the following year in May 2012, Judge Kutz of Pottsville approved a settlement of the future workers’ comp benefits for a lump sum of $85,000.00 as he looks forward to returning to work elsewhere.
