Nurses' Aide Claim Petition Successful; Benefits Awarded

Employee QX, a resident of Landisburg, Perry County, suffered a work injury on January 18, 2008, while employed by GGNSC Camp Hill West Shore. The Claimant filed a Claim Petition alleging she sustained a work injury in the nature of a left-sided neck pain, pain radiating down her shoulder into her digits, pain in her anterior pectoral region on the left into her axilla, numbness and tingling; cervical pain radiating to bilateral upper extremities and mild carpal tunnel syndrome. The injury was as a result of pulling a patient over in bed when Claimant felt a pull in her shoulder and neck.

The Defendant also filed a Petition to Terminate Compensation Benefits, alleging that if benefits were awarded they should stop, alleging the injured worker was fully recovered from her work-related injury of January 18, 2009, which went before Judge Wayne L. Dietrich in Harrisburg. The Judge found the Defendant has failed to prove the Claimant was fully recovered from her work injury of January 18, 2008. The Judge found the Claimant credible that she sustained a work related injury on January 18, 2008 in the nature of a left-sided neck pain, cervical sprain/strain, impingement of the left upper extremity and brachial plexus compression on the left side. The Judge found Defendant’s Independent Medical Examination doctor, Dr. Lucien Bednarz, to be not believable and found Dr. Micheal F. Lupinacci, Board Certified in phycical medicine and rehabilitation as well as pain management, to be persuasive.

The Defendant’s Petition to Terminate Compensation Benefits was Denied and the Claimant’s Claim Petition was Granted. State Workers’ Insurance Fund was ordered to pay Claimant’s compensation from January 18, 2008 and ongoing as well as costs in the amount of $4,075.98.