The claimant was involved in a serious work place injury on November 13, 2012. During the incident the claimant had a traumatic post left hip arthoplasty, muscle atrophy, knee surgery, and ultimately a left, below the knee amputation. In discussions with Attorney Larrabee he contends that the claimant has also sustained a specific loss regarding the right leg. As a result of the incident the claimant sustained a right lateral tibial plateau fracture, which was reduced with a plate and screw.
On Monday, 11-16-2015 she recalled the claimant had punched in early for work that morning and did not say anything to her until shortly later around mid-morning when the claimant came into her office. She said the claimant was brief with her when she requested to file a Workers’ Compensation claim for her alleged right wrist injury coupled with pain to her right fingers. She claimed that her injury was work-related, and her injury occurred on 11-12-2015.
On Thursday, 10/22/2015 the claimant stated he reported for work pain-free and was not suffering from any pain or discomfort from four other work related injuries that he reported as claims and received judgments. The claimant was unable to account for the real dates of his past work-related injuries that occurred between 2010 and 1/2013. The claimants past industrial-related injuries ranged from a left wrist injury, head injury and two separate right wrist injuries which he says did not include any injury to any other body parts.
As requested, I have reviewed the facts of the above-captioned file, along with the applicable law and summarized same in this memorandum. Mrs. Mary Smith suffered an injury to her right ankle in an automobile accident on 10/3/95. After surgery and months of rehabilitation, Mrs. Smith still suffers daily. I have researched the facts regarding a personal injury action against Paul Joseph, as well as a medical malpractice action against the medical providers.
Zamudio, Human Resources Administrator and acting custodian of personnel records of the Domino Realty Management Company who allowed access, and copies in support of any relevant information pertaining to any injuries, had located a “Work/School Status Report” under the name of the “Talbert Medical Group.” The document had placed the claimant off from work from 2-5-01 through 2-5-01 for pain to the claimants left knee, and yet, according to Ms. Zamudio, the document did not state that a work related injury occurred as there were no other documentation in support of an injury. Furthermore, the witnesses had not cited any job related incidents where the claimants left knee from 2001 had been injured were the alleged 2001 left knee had been irritated or exacerbated in any
Dr. Swartz then indicated based on the questionnaire completed by the injured worker at the time of his evaluation in or about June 2016, the applicant’s activities of daily living were not significantly effective. It is noted on the record the injured worker claimed he was able to do various activities. Based on the
I attended a hearing on your behalf in the above-referenced matter before Judge Burke in Hudson, New York, on 05/17/2017. The claimant was present by phone and was represented by attorney Bob King. Mr. Rumsey was present from the Special Funds 15-8 Unit.
We found that both witnesses claimed that there was no correlation to suggest that any of these alleged injuries specified by the claimant’s attorneys and by the claimant himself occurred or where the claimant suffered a stroke. Also, both witnesses were unaware if the claimant was experiencing any non-industrial stressors or if there were any outside non-work related factors that would suggest the claimant was suffering from any psychological problems and/or issues because of his employment.
1. Occupation and working ability of the Claimant, if this has changed, since the injury, previous occupation of the Claimant.
Arzuz’s personal life or his medical or family history, which would be contributory to his alleged workers’ compensation claims. She was not aware of any recent past or recent surgeries which he may have undergone and did not find any medical time off slips or work-modified requests from any medical professional or doctor’s office for the claimant.
Mr. Gonzalez states after he became aware of the claimants intentions to file a workers’ comp claim regarding 2-21-15 could have not occurred, since the plant was closed that Saturday. He did alleged that he saw the claimant for work the day prior to the DOI, on 2-20-15 and found the claimant appeared to be Ok did not appear to be in any pain or discomfort.
During the examination, the Plaintiff told him her pain was a three out of ten, with a one being the lowest and ten being the highest. The results of his neurological examination and examination on the Plaintiff’s range of motion was normal. With regard to the Plaintiff’s pre-existing history, the only records he reviewed were those from Dr. Fichtel. He did not review the Plaintiff’s medical records from 2000. He testified that based on his review of an MRI taken prior to the Plaintiff’s 2007 surgery and a CT scan taken one year after the surgery, he only saw a “very mild” progression of her cervical condition at C3-4, C4-5 and
In the Johnson v. Misericordia Community Hospital case, the plaintiff was scheduled to have a pin fragment surgically removed from his hip. Johnson’s femoral nerve and artery were severed during the surgery done by Dr. Salinsky. The physician was not
In the case of Shahine vs. Louisiana State University Medical Center, the plaintiff Ms. Shahine experienced right ulnar nerve damage following a right total hip arthroplasty. She filed suit against the University Medical Center and her anesthesiologist, Dr. W for medical malpractice and requested the court to infer negligence under the doctrine of res ipsa loquitur. Dr. W was fully responsible for Ms. Shahine’s care while she was under anesthesia and Ms. Shahine obviously could not assess the true cause of injury while she was anesthetized. However, Dr. W provided evidence of non-negligence by thoroughly charting in Ms. Shahine’s medical record proper positioning and padding. Another anesthesiologist provided the court with uncontroverted