November 27, 2011
Employee XT, a resident of New Brighton, Beaver County, suffered a work-related injury in the nature of a right foot fracture while employed by Professional Service Industries Inc. We filed a Claim Petition on requesting payment of medical bills, counsel fees and litigation costs.
The Claimant treated with Dr. Walter Peppelman, an orthopedic surgeon, who prescribed a walking cast and crutches that the Claimant used for eight months. The Claimant’s work duties required him to walk through the mill most of the time and he continued to work ten to twelve hour days while wearing the cast and using the crutch. The Claimant soon developed lower back pain and treated with Dr. Holencik, who gave the Claimant a work excuse that restricted his work schedule to 6 hours per day and any travel to no more than one hour a day. When the Claimant’s work hours and job travel duties were reduced he received a work excuse from Dr. Holencik. The Claimant presented the work excuse to the Employer. Dr. Holencik performed a low back fusion diskectomy and fusion procedure on the claimant.
Dr. Frank Houser, the Claimant’s family physician, referred him to Dr. Lidico, who continued to treat his lower back pain with pain medications. The Claimant was referred to Pain Management for evaluation. Claimant continued to have problems with his legs and feet.
Dr. Robert Maurer saw the claimant for an Independent Medical Examination and wrote that the Claimant had degenerative lumbar spondylosis which was initially diagnosed in 1998. Dr. Maurer further testified that the Claimant’s lower back problems were significantly worsened after the right foot stress fracture and long hours of walking through the plant with crutches and the walking cast.
The Claim Petition was assigned to Workers’ Compensation Judge Brian Eader in Harrisburg. The Judge found the Claimant’s testimony to be credible and accepted the same as fact. The Judge found the testimony of Dr. Peppelman to be credible, consistent and accepted the same as fact.
The Judge noted that the Employer’s own medical expert found the Claimant’s back condition to be as a result of and related to the work-related stress fracture of his right foot that occurred on February 15, 1999. The Judge found the Defendant had no medical basis to defend the Petition yet continued to litigate the Petition. The Judge also found the Defendant wrongly terminated the Claimant without offering any alternate employment.
The Judge granted the Claimant’s Claim Petition and ordered the Defendant and Zurich America Insurance Company to pay attorney fees. The Judge ordered the Defendant and Zurich America Insurance Company to pay the Claimant temporary total disability benefits. The Defendant was ordered to pay all of the Claimant’s reasonable and necessary medical expenses.
