The claimant alleged a strain injury of his left shoulder, while working on his fifth day on the job. The claimant described his mechanism of injury as repeatedly lifting a heavy forty-pound plate, causing an alleged strain injury. On that basis, the claimant attempted to argue compensability due to the injury arising out of and in the course of employment. Moreover, the claimant not only sought temporary disability and medical benefits; but also sought penalties of $1,000 per day to be assessed against Respondents.
After Respondents conducted a full medical investigation, the claimant was found to have significant pre-existing medical conditions, on the same left shoulder alleged in this claim. The claimant not only had an amputation of his right arm but also had two previous surgeries on his left shoulder that resulted in a 39-day hospitalization, and thirteen anchors placed in his left shoulder. However, the claimant maintained that a tendon retear found in his left shoulder was attributable to his alleged work-related injury. In addition to alleging compensability, the claimant further argued the alleged injury was a result of an industrial aggravation.
Respondents’ expert opined that there was no evidence of a work injury having caused any increase in pathology to the claimant’s severely arthritic left shoulder. Respondents’ expert further opined that the claimant’s left shoulder had a chronic deficiency of the rotator cuff that pre-dated the alleged work injury.
The ALJ found in favor of Respondents that the claimant failed to demonstrate an injury arising out of and in the course of employment. The ALJ dismissed all remaining endorsed issues by the claimant, including a dismissal of penalties.
Lowman v. Veris Environmental, W.C. No. 5-275-965-001 (Jan. 2, 2025)
Want to know more? Contact Kevin Duarte at [email protected]
