A Union employee from Annville, PA, working as a mechanic, sustained a work injury described as left shoulder sprain in March 2015 which the Insurance Carrier accepted. Calhoon and Kaminsky P.C., filed a Penalty Petition because the insurance carrier unilaterally and illegally took a credit against the Employee’s WC Wage Loss payments for which it was not entitled to. They stopped paying the injured worker TTD Wage Loss benefits because he had received vacation pay which had been earned and vested prior to his work injury. In early 2016 the injured worker had to undergo two surgeries to repair his left shoulder, as he had actually sustained a rotator cuff tear in the injury, which were performed by Dr. Espenshade. The injured worker continued to have problems with his shoulder and was advised by his physician, Dr. Gallo, that he had to have additional surgery in March 2017. The Union Employee continued to receive wage loss benefits while his case was being litigated. Calhoon and Kaminsky P.C., successfully, negotiated a settlement for the injured worker for $120,236.09 via a compromise and release agreement. In addition to the settlement amount, the injured worker received $172,528.21 in wage loss benefits and $51,846.91 in medical benefits during the open claim for his work injury.
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