Ankin Law attorney, Brien DiNella recently represented an injured worker in an arbitration hearing and came away with a favorable decision for his client. The injured worker hurt his right shoulder and lumbar spine as he was loading and unloading fiberglass bags from one semi trailer to another. He let his supervisor know within the first 5-6 hours of the 12 hour shift that he was in discomfort. Nevertheless, he spent the entire shift carrying and lifting overhead the 75-100lbs bags. Two days later, when the pain was overwhelming, he went to a doctor.
[Read the full Arbitrator Decision here]
Several doctor appointments followed as he was diagnosed with right shoulder impingement, low back strain, degenerative disc disease, and disc protrusion at L4-L5. Over the coming months he endured physical therapy for his shoulder and back, arthroscopy, decompression, MRI and CT scans, a distal clavicle resection, Supartz injections, and epidural injections. He also had operations that included a lumbar fusion and shoulder surgery. Currently, he takes pain medication, and he’s disabled.
Thanks to DiNella’s hard work, the arbitrator ruled that the injured worker is entitled to:
- Temporary Total Disability benefits for 73.5 weeks totaling $28,184.99
- Medical Treatment bills paid for the shoulder surgery and spinal fusion totaling $47,614.29
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Below is an excerpt from the Arbitrator Decision explaining the injury and early treatment:
On Friday, April 24, 2015, per the testimony of the injured worker (hereinafter “petitioner”) at the August 13, 2025, hearing, the petitioner was moving wall fiberglass material between semi-trailers for respondent Flanders (hereinafter “respondent”). The petitioner stated that the bags of fiberglass weighed between 75 and 100 pounds. The petitioner was loading and unloading the fiberglass bags with a partner. The petitioner engaged in this activity for 12 hours letting his supervisor know within the first 5-6 hours that he was in discomfort.
On April 26, 2015, the petitioner presented to Dr. S at a Medical Center Emergency Department with “back pain” and “soft tissue injury to right shoulder.” The petitioner related, per notes, that “onset 2 days ago. Petitioner was loading and unloading trailers, carrying, stooping, bending and pulling 100lbs at a time at work. No injury, but since Friday he has been in pain.” The petitioner was to follow up if symptoms worsened.
On May 4, 2015, the petitioner presented to xyz Orthopedics and was seen by treater Dr. E (primary care sports medicine physician) for his right shoulder and lumbar spine. The petitioner related that on April 25, 2015, he was doing a significant amount of heavy lifting overhead including lifting 100-pound bags. Dr. E administered an intraarticular cortisone injection into the right shoulder. The petitioner was diagnosed with right shoulder impingement syndrome and low back strain. In addition to Flexeril
and ibuprofen, the petitioner was prescribed Tramadol.
