A steelworker was involved in two separate work related accidents 9 months apart. In the first accident, which occurred in January of 2007, he was pulling a sheet of steel materials when he felt a pain in his right shoulder. He was treated initially at the company clinic, and was placed on light duty. He was diagnosed with impingement syndrome in the right shoulder and advised to treat conservatively. Due to ongoing symptoms, he eventually underwent an arthroscopy and acromioplasty of the right shoulder. He was off work for approximately 6 months as a result of this injury.
On his return to work and in October of 2007 he was involved in another incident while pulling heavy sheets of steel and felt numbness in his hands. He was treated by the company clinic initially and given a diagnosis of tendonitis in the cervical region. He sought treatment from his own doctor and due to failure of conservative treatment was advised to undergo a cervical fusion. In September of 2010 he underwent anterior cervical discectomy at levels C5-6 and C6-7 together with decompression of the spinal cord and nerve roots.
Petitioner had been laid off from his job in October of 2008 while he was out on workers compensation benefits and so he remained in receipt of TTD from the initial accident date through the settlement of his claim. He was placed at MMI with permanent restrictions that his employer could not accommodate.
Both cases settled on a disputed basis for $175,000.00. Medical bills related to the treatment were paid. Petitioner received his TTD benefits through the date of contract approval.
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