The injured worker, a resident of Schuylkill Haven, Schuylkill County, suffered a work injury to the right ankle and foot on March 29, 2009 while employed by Prostat as a certified nursing assistant.
The Claimant was assisting a patient to stand up when the patient began to fall. The Claimant was standing behind the patient’s wheelchair and attempted to prevent the patient from falling and rolling backwards. The tip of the Claimant’s toe got caught under the wheelchair stopper as the patient fell back into the chair and the Claimant felt a popping sensation in the back of her right ankle. The Claimant went to the Good Samaritan Medical Center Emergency Room. X-rays were performed, a brace and crutches were prescribed and the Claimant was referred to Indusrial Med. The Claimant saw Dr. Myron D. Haas, D.O., a board certified orthopedic surgeon, who diagnosed the Claimant with a right Achilles tendon sprain and torn ligaments. The Claimant underwent an MRI on April 2, 2009, which revealed a tear and sprain of the posterior tibiofibular ligaments of the ankle. Dr. Haas prescribed physical therapy, medication for pain and inflammation and light duty restriction. On April 14, 2009, the Claimant filed a Claim Petition for Workers Compensation, alleging she suffered a right ankle and foot injury on March 29, 2009. On April 27, 2009, the Employer filed an Answer denying the allegations in the Claim Petition.
As indicated by a note from Dr. Haas dated May 13, 2009, the Claimant was limited to desk work. The Claimant testified that when she returned to work in June of 2009, she was directed to do full time nursing duties, against Dr. Haas’s restrictions, and that her symptoms returned. The Claimant testified that she experienced a lot of pain and cramping in her Achilles tendon and constantly felt pressure in her ankle. On October 20, 2009, the Claimant was examined by the Employer’s medical expert, Dr. Scott Naftulin, D.O.
The Employer presented a report of an October 20, 2009 examination of the Claimant from Scott Naftulin, D.O. who wrote that the mechanism of the Claimant’s injury was consistent with the diagnosis in terms of the March 29, 2099 work injury. Dr. Naftulin also wrote that he could not relate the Claimant’s right lower extremity symptomatic complaints to the March 29, 2009 work injury.
On April 17, 2009 the Claim petition was assigned to Judge Robert Goduto in Pottsville, Pennsylvania. On April 27, 2009 the Employer filed an Answer denying the allegations in the Claim Petition.
The Judge found the testimony of Dr. Haas to be credible and adopted as fact that the Claimant suffered a sprain to the ligaments of the right ankle and strain to the Achilles tendon of the right ankle as a result of the March 29, 2009 work injury. The Judge further found the March 29, 2009 work injury required the Claimant to have work duty restrictions. The Judge found the Employer offered no factual evidence to dispute the facts and the review of their medical expert, Dr. Scott Naftulin, confirmed the diagnosis of Dr. Haas.
The Judge ordered the Employer and the State Workers Insurance Fund to pay the Claimant’s weekly wage benefits from March 29, 2009 to June 2, 2009 in the amount of $2732.4, with a credit for unemployment benefits received by Claimant. The Employer and the State Workers Insurance Fund was ordered to pay the Claimant’s continued reasonable and necessary medical expenses into the future. The Employer was ordered to pay $3,858.75 in counsel fees.
