September 15, 2013
Ben Thomas (name changed for this summary) was injured while working as a mechanic for Ramtech, Inc. in Chambersburg, Pennsylvania. Mr. Thomas’s injury occurred while he was putting a motor into a Humvee. Like many people who suffer from a work-related injury, Mr. Thomas didn’t initially understand the severity of his injury; Mr. Thomas initially thought he was suffering from regular muscle pain that would go away after a few days. Mr. Thomas had actually suffered a herniated disc at L5-S1. He continued to work until he realized the pain was not going away.
He then went to see Dr. Harry Johnson in McConnelsburg, PA who referred Mr. Thomas to Dr. Devenand Dominique at the PA Neurosurgery & Spine Neurosciences Institute, on Londonderry Road in Harrisburg, PA. Dr. Dominique diagnosed the herniated disc and performed a microdiscectomy surgery on Mr. Thomas. Mr. Thomas then reached out to Calhoon and Kaminsky P.C., to see if he was entitled to wage loss benefits and reimbursement for medical expenses relating to his work injury.
Calhoon and Kaminsky P.C., filed a Claim Petition on Mr. Thomas’s behalf. The Claim Petition was assigned to Workers’ Compensation Judge Brian Eader in Chambersburg. The insurance company (Employers Alliance Inc.) filed an answer, alleging that Claimant did not timely report his injury to his supervisor, something that is required under PA Workmen’s Compensation law. The question of whether or not Mr. Thomas adequately reported his injury became the key issue in litigation.
Mr. Thomas testified that he didn’t immediately report the injury for two key reasons: 1) he thought it was regular muscle pain that would pass after a few days, and 2) he, like most working people, needed to continue to work because he needed the money. Mr. Thomas did testify that once he realized the extent of his injury, he promptly reported it to his supervisor. Luckily for Mr. Thomas, he reported the injury within 120 days of the date of injury, the amount of time required by Pennsylvania WC law.
Judge Eader found Mr. Thomas’s testimony regarding the injury and his delay in reporting of the injury to be competent, credible, consistent and persuasive. Judge Eader issued a decision awarding temporary total disability (TTD) benefits for the period from when Mr. Thomas first missed work through the time he was able to return to work with no earnings loss. Additionally, Judge Eader ordered that the Defendant pay 10% statutory interest on the award, pay Mr. Thomas’s litigation costs, and pay all reasonable and necessary medical expenses, including the surgery, relating to Mr. Thomas’s work injury.
