Workers’ Comp Settlement for Ankle Injury
An employee from Lancaster, PA, working as a laborer for Walsh Construction, sustained a work injury to his left ankle in February 2012, which the workers’ compensation insurance carrier, Gallagher Bassett, accepted via a Medical-only Notice of Compensation Payable. We filed a Claim Petition because the injured worker had a loss of earnings and we requested partial disability benefits be paid by the insurance carrier. We also filed a Penalty Petition because the insurance carrier failed to approve the employee’s work-related spinal injection / nerve blocks. The parties entered into a Stipulation in which the insurance carrier agreed that the injured worker was entitled to partial disability benefits which was approved by the Judge and ordered paid. We then filed a Review Petition because the injured worker’s average weekly wage to determine his compensation rate had been incorrectly calculated by the insurance carrier. The parties entered into a Stipulation resolving that Review Petition. The injured worker’s average weekly wage was increased from $793.20 to $1,088.74 and his compensation rate was increased from $528.80 to $725.10. Claimant received back benefits due and owing to him along with statutory interest. The insurance carrier then had the injured worker attend an independent medical examination in October 2013 and the IME physician, Paul Horenstein, M.D., reported that Claimant was status post left ankle surgery performed in July 2012, that he could work within reasonable capacities, that he had not reached maximal medical improvement and that the diagnosis of osteochondral injury was related to his work injury which he was not yet recovered from. Dr. Horenstein recommended physical therapy for two months followed by a home exercise program. We filed a Penalty Petition in July 2014 because the insurance carrier had unilaterally and illegally ceased paying the injured worker temporary total disability benefits. The Penalty Petition was resolved by Stipulation whereby the insurance carrier paid the employee for its violation of the Act. The future benefits were ultimately settled for $150,000 via a Compromise and Release.
Work Injury Lawyers in PA
If you would like a free consultation about your injury at work, please give our experienced workers’ compensation attorneys a call at (717) 695-4722 today!
