Practice Area Category: Case Study

The injured worker KG was employed by JDB Construction as a trade carpenter, working construction framing houses. On December 6, 2006, he slipped and fell into a ditch and herniated two (2) discs. The workers’ compensation insurance carrier is the State Workers’ Insurance Fund (SWIF), who accepted liability for this work injury. The injured worker KG underwent back surgery in 2007, along with back and hip injections. His treating physicians are Dr. Robert Boyer, a chiropractor in Chambersburg, PA, and Dr. Curtis Goltz, an orthopedic surgeon in Harrisburg, PA The injured worker KG has been treating with Dr. Boyer for many years.

Claimant Nancy Palusi (the name of our client has been changed for purposes of this article) was employed by H.E. Rohrer as a bus driver. On January 13, 2012, she slipped and tripped off a bus step, breaking her left leg and landing on her left side, also hitting her left elbow and shoulder upon landing. She was taken by ambulance to the emergency room. The workers’ compensation insurance carrier is American Zurich Insurance Company and was found liable for this work injury.

On June 2, 2003, Uriah Graham, while working for the Commonwealth of Pennsylvania State Correctional Institute in Camp Hill, PA, was climbing up a ladder to his post when his arm suddenly went numb and he fell twenty feet to the concrete below. Because the workers’ compensation insurance company would not pre-approve the purchase of the prescription for the scooter, we filed a prospective Utilization Review for a motorized scooter as prescribed by Dr. Donald Kovacs. The Utilization Review denied treatment, finding it unreasonable and unnecessary.

On May 15, 2011, while employed as an overnight stock leader and supervisor for Weis Markers, Inc, Leon Nolan (name changed for this summary) of Catawissa, PA suffered a work-related injury. This injury occurred when Claimant lowered down pallets from his left side and twisted to his right side in order to set them down. During this twisting motion, he experienced a sharp pain in his lower back. This pain then radiated to his right hip and leg. The injury was originally designated as low back strain on the Notice of Compensation Payable (NCP) issued by the self-insured employer.

Marty Inman (name changed for this summary) was injured leaving his job as a corrections officer at the State Correctional Institute (SCI) at Graterford in Perkiomen Valley, Pennsylvania. Mr. Inman, like many other officers who worked at the far end of the complex, would park adjacent to a water tower near his post. On the morning of January 22, 2012, after working the third shift, Mr. Inman was on his way to his truck when he stepped on uneven pavement and injured his left ankle. Mr. Inman promptly reported his injury. The insurance company refused to pay workers compensation disability. Mr. Inman then hired Calhoon & Kaminsky to file a claim petition on his behalf.

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.

Erica Carter (name changed for this summary) was employed as a Licensed Practicing Nurse on a part-time basis for Links 2 Care. She was responsible for bathing and repositioning the patients she was assigned to. Ms. Carter had just returned to work from a surgery that was not work-related on November 8, 2011, when she was injured at work. She was working with an elderly resident, and when she reached across the resident she injured her back.

James Rossum (name changed for this summary) sustained a work-related injury when he slipped and caught a heavy object with his right upper arm. As a result of the injury, James was not able to return to work and is still unable to work. We filed a Claim Petition, Review Medical Petition and Penalty Petition against his employer, Bongiovanni MA, Inc. and its insurance carrier, Employers Insurance Company of Wausau.

Kenny Zee (name changed for this summary), sustained a lower back injury at work on December 27, 2000. Diagnosis is chronic low back pain with radiculopathy and a history of lumbar fusion. Kenny has had multiple surgeries, including lumbar laminectomy and multi-level fusion. He has not received pain relief or found success following the surgeries. He is treating with Dr. Steven Morganstein every three to four months. Kenny also sees Dr. Stanley R. Goldman who is his family physician. Dr. Charles Gerlach is a physician in Dr. Stanley R. Goldman’s office and saw Kenny once when Dr. Stanley R. Goldman was on vacation.

Mike Yoffee (name changed for this summary) sustained a work-related injury when lifting a pallet at work at Giant Foods and hurt his lower back. This was medical only acceptance. In other words, the insurance company believed there was an injury but no lost time or compensation due. We filed a Claim Petition for Workers’ Compensation benefits and Penalty petitions against the employer and Chartis Claims.