June 2, 2013
Mark Burns (name changed for this summary) was a construction laborer for Comcast Corporation who was struck by a cable and conduit On October 9, 2009. He immediately felt pain in his back and right hip. Mark went to the Chambersburg Emergency Room the next day.
Mark treated with Dr. David Boyer, a chiropractor, who diagnosed him with sciatica, lumbosacral sprain/strain, and thoracic segmental dysfunction. An MRI revealed a moderate disc bulge in Mark’s back at L5-S1. Dr. Boyer testified that Claimant began with moderate to severe back pain and progressed slowly. After Mark underwent hip surgery, he experienced severe back pain and muscle spasms. Dr. Boyer believed that Mark’s diagnoses were related to his work injury.
Mark also treated with Dr. Curtis Goltz, who noted that Mark had limited rotation of his right hip. An MRI showed that fluid collected in Mark’s right hip. Initially, Mark received injections in his hip to relieve some symptoms, but unfortunately, he had to have a hip replacement. Mark then had some complications from the hip replacement, which required additional surgery. Dr. Goltz also noted that Mark suffered radicular symptoms related to his low back, causing numbness, tingling and burning in his right leg. Dr. Goltz believed that Mark’s right hip pain will decrease, but it is unlikely that he will return to his pre-injury level of activity.
Comcast required Mark to undergo an Independent Medical Examination (IME) with Dr. Walter Peppelman, Jr. Dr. Peppelman testified that Mark’s hip problems were not related to his work injury and that the hip replacement surgery was not medically necessary. However, he also testified that he could not pinpoint a cause for Mark’s right hip problems.
We filed a Review Compensation Benefits Petition for Mark, to add his right hip (chondral) contusion with reactive synovitis to the Notice of Compensation Payable (NCP).
The Workers’ Compensation Judge determined that Dr. Goltz was a more credible witness than Dr. Peppelman, and accepted his testimony. Using that testimony, the Judge found that we met our burden of proof, and he granted our Review Petition, adding the right hip injury to the NCP. Comcast was ordered to pay for any treatment related to Mark’s right hip injury, including the hip replacement surgery.
