625 Stanwix Street, Suite 1404
Pittsburgh, PA 15222
Phone 412-261-4774
Fax 412-261-1225
| Case Name: | D.S. v. Brownsville Borough |
| County: | Fayette |
| Type of Petition: | Claim |
| Type of Injury of Condition: | Cervical disc herniation |
| Date of Decision: | 8/17/2009 |
| Litigated Outcome: | WCJ found only work related non-disabling contusion and accepted testimony of Defendant's medical expert that disc herniation was not caused by alleged injury. |
| Defense Expert(s): | Robert Waltrip, M.D. |
| Claimant Expert(s): | Michael Oh, M.D. |
| Defense Counsel: | Rhonda A. Rudman |
| Remarks: Claimant alleged 8/1/07 work injury caused disc herniation and need for surgery. However, all four of Claimant's medical providers failed to record history of work injury. Dr. Waltrip had opined that based on Claimant's history Claimant had a shoulder contusion and had recovered from the same. In light of the medical records failing to record history of work injury as well as the voluminous records we obtained regarding pre-existing problems, Dr. Waltrip opined alleged injury did not cause or aggravate cervical condition. The WCJ accepted this testimony. | |
| Anticipated Savings: $200,000.00. Claimant's yearly compensation is $40,508.00. Thus, where Claimant is planning surgery, the parties anticiated disability and medical costs. Five years of total disability benefits is $202.540.00. | |