March 30, 2012
Theresa Noble (her name is changed to protect her privacy) was injured at Hershey Medical Center while working for Sharpsmart exchanging and installing needle boxes. Her 40 hour per week job involved installing needle boxes, removing them from the wall and transporting them on large rolling bins. Her quota is 60 boxes per hour and this includes servicing and exchanging the boxes.
Theresa was injured on August 26, 2010, when she felt something snap in her right arm while using a powered Dewalt drill. When her arm snapped, she dropped the drill and her arm went numb. She was immediately taken off work and received weekly wage loss workers compensation benefits under a Temporary Notice of Compensation Payable (an almost worthless document providing little, if any, protection to an injured worker) until her return to work in October 2010. She treated with the company panel doctors at WorkNet.
She worked light duty until her February 21, 2011 surgery. Except for a five hour failed attempt to return to work, she has not been able to work her job since the surgery. Dr. Maurer performed surgery on 2-21-11 in nature right carpal tunnel releases, neurolysis of the median nerve, and neurolysis of the radial nerve. Rochelle Foreman of Travelers (the workers’ comp carrier) issued a Notice Stopping Temporary Compensation. Because the carrier refused to pay benefits and we filed a Claim Petition.
Dr. Edwin Aquino, who has been treating Theresa since May 2011, testified: the diagnosis is right radial nerve neurapraxia, right limb pain, numbness and paresthesia with injury to the radial nerve; she is not capable to return to her job; his review of the pictures of her arm taken after her attempted return to wok showed swelling; the Functional Capacity Evaluation (F.C.E.) performed by David Raptosh showed she could not return to her job; the F.C.E. testing included the use to the Dewalt drill; Dr. Aquino himself tested the Dremel drill; and his Nerve Conduction study was positive.
Dr. Sanjiv Naidu was hired by the carrier and performed an “independent” medical exam in June 2011. He testified that Theresa’s problems were from non-work related arthritis of her right thumb and posed no reason to apply any restrictions on her activities. He opined that she was fully recovered from the work injury. He said he could not see any swelling in the photographs. On cross-examination by Ron Calhoon, Dr. Naidu admitted he did not have or review the medical records of Dr. Aquino, had not seen the F.C.E. of Sept 2011 which included testing with the Dewalt drill, and despite his direct testimony that he reviewed Dr. Aquino’s deposition testimony, he admitted he had only discussed it with defense counsel.
On March 19, 2012, Judge David Weyl issued his decision granting the Claim Petition awarding total disability benefits retroactive to 2-21-11 and into the future as well as costs of $3,098.75. Judge Weyl found Theresa to be credible and consistent, rejected Dr. Naidu as not credible and his testimony to be flawed. He found Dr. Aquino to be credible, persuasive, internally consistent and unequivocal.
