An employee from Millersville, PA, working as a nurse practice educator / Assistant Director of Nursing for Genesis Healthcare Group, sustained a work injury described as “lower back, left wrist, left hip and neck sprain / strain” in December 2014, which the insurance carrier, Broadspire Services, Inc., accepted via a Notice of Temporary Compensation Payable. The injured worker had to undergo extensive rotator cuff surgery in April 2015. The insurance carrier issued a Notice of Suspension in May 2015 alleging that the injured worker had returned to work at earnings equal to or greater than her time of injury earnings and we filed an Employee Challenge Petition. The insurance carrier then filed a Suspension Petition alleging that the injured worker was cleared for and returned to work with her pre-injury employer in May 2015. Workers’ Compensation Judge Robert O’Donnell issued a Decision in June 2015 granting our Employee Challenge Petition because the employee had unrebutted testimony that she had returned to work at a loss of earnings and was currently of all work as of mid-June 2015. We then filed a Penalty Petition in August 2015 because the insurance carrier had failed to pay past partial wage loss benefits that were due to the injured worker. In August also, the insurance carrier again issued a Notice of Suspension alleging that the injured worker had returned to work at earnings equal to or greater than her time of injury earnings and we filed an Employee Challenge Petition. Judge O’Donnell again granted our Employee Challenge Petition because at a hearing held, the insurance carrier agreed to pay the injured worker her disability benefits based on her actual earnings. The insurance carrier had the injured worker attend an independent medical examination and the IME physician, John F. Perry, M.D., reported that the employee’s diagnosis was left shoulder rotator cuff tear, biceps tenodesis, postoperative adhesions and possible axillary nerve palsy. Dr. Perry also reported that she was not fully recovered from her left shoulder injury, that she needed ongoing treatment and that she could return to work under restrictions. In March 2016, we filed a Review Petition seeking to have the description of injury be amended to include depression and mood disorder. While the claim was actively being litigated, the claim ultimately settled for $145,000 via a compromise and release with the insurance carrier being liable for six months of medical treatment related to her work injury.
