February 19, 2012
DF, a resident of Grantville, Dauphin County, and owner of her own business, where she was self employed, suffered a work related injury on September 17, 2010 when she was driving a pickup truck with a 55-gallon oil drum in the truck bed for a work-related assignment and was stopped at a traffic light. Another car rear ended her, which propelled the 55-gallon oil drum through the back window into the cab of the truck. As a result of the work related motor vehicle accident, she could not straighten her elbow, had a stiff neck and could not move her arm on the day after the accident.
On November 11, 2010, we filed a Claim Petition as her workers’ comp attorneys, on behalf of the injured worker, alleging neck injuries and seeking compensation benefits from October 3, 2010 and also filed a Petition for Review of Utilization Review Determination to review chiropractic treatment rendered by Dr. Albert J. Skocik as being reasonable and necessary. The petitions were filed against her own company as the employer and her workers’ compensation insurance company.
The Claimant treated with Dr. Skocik, a Pennsylvania licensed Chiropractor who has been in practice since 1989. Dr. Skocik prescribed physical therapy and performed a physical demand test. Dr. Skocik performed electrophysiological testing on November 18, 2010 and his finding was consistent with acute to mild moderate right C-5 and C-6 radiculopathy. Dr. Curtis Goltz of Orthopedic Institute of Pennsylvania (O.I.P.) took x-rays, ordered an MRI of the Claimant’s neck & shoulder which revealed a right shoulder labrum tear, cervical radiculitis secondary to post-traumatic disc bulge at C-5, C-6. Dr. Goltz referred the Claimant to Dr. Haueisen of Susquehanna Valley Pain Management. Dr. Haueisen first saw her on October 29, 2010 and concluded she had neck and right shoulder pain with radiculitis on the left and a labrum injury in the shoulder and neck. Dr. Haueisen treated the Claimant with cervical epidural steroid injections at C-5, C-6.
As of October 3, 2010, the Claimant could not perform the job she had at the time of the injury. Dr. Skocik and Dr. Goltz restricted the Claimant to sedentary desk type work.
Dr. Skocik’s opinion was that the injured workers’ left wrist tendonitis was related to the work related injury of September 17, 2010. Dr. Skocik testified that he concurred with Dr. Goltz’s diagnosis of a labral tear of the right shoulder based on the MRI results. Dr. Skocik’s opinion was that the cervical radiculitis in the Claimant’s C-6 region was definitely as a result of the September 17, 2010 work related injury. Dr. Skocik testified that the Claimant may require more aggressive care for her neck in the future (this turned out to be true in the nature of a a cervical surgery) and that the labrum in her right shoulder would never recover to the point it was prior to the motor vehicle accident.
An I.M.E. was performed on the injured worker on May 27, 2011 and diagnosed the Claimant with a cervical sprain injury related to the September 17, 2010 motor vehicle accident. The I.M.E. doctor hired by the workers’ compensation insurance company opined that the cervical spine MRI findings of right sided foraminal stenosis and disc protrusion were not related to the September 17, 2011 work related injury. She also treated with Dr. Edwin Aquino, who performed a physical examination of the Claimant on March 15, 2011. Dr. Aquino’s report stated the Claimant had cervicodorsal pain and radicular pain to the right upper extremity with numbness and parenthesis, and numbness and parenthesis of the left wrist.
Dr. Jess Armine performed the Utilization Review Determination in this case and conclude the treatment under review was not reasonable or necessary because it did not comply with established treatment protocol. Dr. Armine further opined that the records reviewed did not support the reasonableness of any of the treatments by Dr. Skocik.
The Petitions were assigned to Judge David Weyl in Harrisburg, Dauphin County. The Judge found the Claimant’s testimony to be credible and accepted the same as fact and further noted the Claimant’s strong incentive to return to work. The Judge found the opinions of Dr. Skocik to be credible, consistent and supported by the medical evidence and accepted the same as fact. He rejected in part the testimony of the I.M.E. doctor to the extent that his opinions were inconsistent with the credible opinions of Dr. Skocik, and accepted the I.M.E. doctors testimony to the extent that the Claimant was fully recovered from her work related injuries as it was consistent with the opinions of Dr. Goltz and Dr. Skocik. The Petition for Review of Utilization Review Determination was granted so that the workers’ comp carrier was ordered to pay the medical treatment bills with Dr. Skocik.
The Judge granted the Claimant’s Claim Petition and ordered the Defendant and Erie Insurance Exchange to pay work comp temporary partial disability benefits with statutory interest. The Judge ordered the Defendant and Erie Insurance Exchange to reimburse the litigation costs. Feel free contact us with any workers’ compensation questions at 1-717-695-4722.
