January 20, 2015
Harold Binder of Millerstown injuries when he was electrocuted at work in June of 2013. The injury to his head had severe and pervasive lingering effects on his memory and concentration abilities. He was diagnosed with post-concussive syndrome and has not been ready to re-enter gainful employment due to his workers’ compensation injuries.
Four months after the work-related accidental electrocution, the Employer initiated litigation by filing a Suspension/Termination Petition alleging that Mr. Binder had unreasonably refused to return to work in two positions offered within his medical restrictions. The restrictions were based upon the release of a nurse at Hershey Medical Center that was provided by the Employer when she examined him in September of 2013.
Mr. Binder testified his memory was poor, he suffers from headaches daily, is sensitive to noise, experiences ringing in his ears, has nightmares and only drives on a limited basis. The job offered by his employer would have required him to take inventory and ride along with a team leader.
Dr. Stanton E. Sollenberger, a Board Certified neurologist, testified on Mr. Binder’s behalf. His diagnosis was that Mr. Binder suffered from a traumatic brain injury with post-traumatic encephalopathy and post-traumatic headaches. Dr. Sollenberger definitively and unequivocally testified that Mr. Binder’s problems all started with the electrical jolt in June of 2013 and that he condition from the work injury would not permit him to perform the light-duty job offered. The nurse at Hershey Medical Center and her supervising doctor testified he should be able to do the job assuming his condition improves.
The Judge found Mr. Binder’s testimony credible and found Dr. Sollenberger’s testimony to be more credible and persuasive the medical witnesses for the workers’ compensation carrier. He found that Mr. Binder was not able to return to the offered job and found that there was no evidence that his symptoms improved after September of 2013.
The Judge ordered the Employer to pay the injured worker attorney fees for unreasonably contesting Mr. Binder’s workers’ compensation benefits. The Employer’s Suspension and Modification Petitions were denied. Mr. Binder continued to receive his full total disability benefits as a result.
