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| Case Name: | F.S. v. IATSE Local 3 |
| County: | Allegheny |
| Type of Petition: | Claim |
| Type of Injury of Condition: | Disc herniation |
| Date of Decision: | 8/5/2009 |
| Litigated Outcome: | WCj granted termination and agreed with our AWW argument |
| Defense Expert(s): | Dr. Richard Kasdan |
| Claimant Expert(s): | |
| Defense Counsel: | Rhonda A. Rudman |
| Remarks: The claim had been accepted by way of Agreement for Compensation for a closed period. The parties preserved the issues of whether claimant had fully recovered from the injury and proper average weekly wage calculation. Although the claimant had undergone low back surgery, Dr. Kasdan testified that claimant fully recovered from his work injury. We cited case law which held termination was appropriate following back surgery where claimant had normal exam and full range of motion. Likewise, termination is appropriate where there is a minor physical deformity but no functional impairment. The AWW argument was complicated. Claimant had multiple concurrent employers. If AWW was calculated using different forms for each concurrent employment, AWW was artificially inflated to be $1,002.19. If a single form was utilized the AWW calculation is $893.26. We argued that the Act required wages from all employers to be considered as if earned from the employer liable for compensation. The WCJ agreed with this argument. | |
| Anticipated Savings: $50,000.00; Where claimant has multiple periods of economic lay-off, it was imperative that we establish release to work without restrictions and proper AWW. Thus, the judge's decision granting termination protects the employer from request for reinstatement due to economic lay-off | |