June 16, 2011
The Claimant, a resident of Waynesboro, Franklin County, Pennsylvania, suffered a work injury while employed by Woodward Camps Inc as a Skateboard Counselor/Instructor. He was performing a skateboarding trick and fell wrong and his knee dislocated, resulting in immediate swelling and pain and the claimant could not walk after the injury.
Claimant filed a Claim Petition, seeking full disability from June 9, 2008, and ongoing, payment of all medical bills, costs of litigation and counsel fees for an unreasonable contest, which went before Judge Brian Eader.
The Claimant was seen at the Mt. Nittany Emergency Room in State College and was given an immobilizer for his knee. Claimant was subsequently shooting a basketball when his knee shifted and he fell. He treated with Dr. Ellis at University Medical Center in State College. Claimant then treated with orthopedic surgeon Dr. Albert Tom with physical therapy and then surgery at Chambersburg Hospital. After the surgery, the Claimant underwent physical therapy at Waynesboro Hospital and a home exercise program.
The Judge found the testimony of Albert Tom, M.D. to be persuasive that the Claimant sustained a work-related left knee ACL tear and left knee torn meniscus. The Judge found the testimony of Robert Cirincione, M.D., the Independent Medical Examination doctor, to be unpersuasive, incompetent and that it evidences a misunderstanding of the facts. The Judge found that the Defendant failed to present a reasonable basis for their denial of the Claim Petition because their medical expert admitted the Claimant had torn his left ACL and meniscus in the left knee; however the only dispute was as to whether this happened while shooting basketball or doing a skateboard demonstration.
The Claimant’s Claim Petition was granted. He was awarded temporary total disability benefits, litigation costs and attorney fees for unreasonable contest. The Defendant was determined to be responsible for medical treatment into the indefinite future.
