Employee LT, a resident of Annville, Lebanon County, suffered a work injury on February 27, 2008 while employed by Ingram Micro as a Receiver. Claimant was hit in the right hip by a forklift. She was bending over to strip plastic & cardboard off laptops for reshipping. Claimant has treated with Worknet, Dr. Lance Yarus, Suzanne Frazier, Nurse Practitioner, Dr. Jonas Sheehan, MD and Dr Rung, Neurosurgeon. Claimant underwent treatment for the injury including surgery on July 8, 2008 in the nature of a fusion at the L4-5 vertebrae. The Notice of Temporary Compensation Payable had merely described the work injury as a strain.
Claimant filed a Claim Petition for the February 27, 2008 work injury, which went before Judge Francis Williamson in Harrisburg. The Claimant also filed a Penalty Petition for 50% penalties, costs, interest and attorney fees for unreasonable contest. The Judge found that the Claimant sustained a work injury to the low back and right hip as a result of being hit in the right hip by a forklift. The Judge found Claimant’s treating physician Jonas Sheehan, MD credible that the Claimant sustained a work injury to the right hip and low back in the nature of instability, spondylolysis, and spondylolisthesis at L4-5, resulting in nerve compression. The Judge found Defendant’s Independent Medical Examination doctor, Dr. Noble, not to be credible.
Claimant’s Claim and Penalty petitions were granted, awarding the Claimant all reasonable and necessary medical bills relating to the work injury, including the Claimant’s low back surgery. Claimant was awarded Temporary Total Disability benefits from June 2, 2008 to June 17, 2008 and September 10, 2008 and ongoing into the indefinite future, 50% penalties and attorney fees to be paid by Zurich American Insurance Corporation.
