Ankin Law attorney Scott Goldstein represented in arbitration, a 52-year-old Quaker Manufacturing machine operator who slipped on an oily substance located under a conveyer he was working near.
As a result of the arbitration hearing the injured man, Anthony Kolinski, was awarded permanent partial disability benefits of $750.59/week for 60 weeks, totaling $45,039.60, because the injuries sustained caused a 12% loss of the person as a whole. Kolinski was also given a credit of $14,274.03 for TTD (18 and 4/7 weeks). In addition, Kolinski is entitled to $1,214.54 for underpayment of TTD benefits and Quaker Manufacturing paid for reasonable and necessary medical services of $296.00
(Read the complete Arbitrator Decision here)
Kolinski stated that when he slipped his feet went in the air and he landed with all of his body weight on his right shoulder. He testified that prior to this accident he had not experienced any problems with his shoulder.
The initial diagnosis was a contusion of the right shoulder, right shoulder strain and strain of the right trapezius muscle. When the pain continued Kolinski was sent for an MRI of his right shoulder that demonstrated a large near complete tear of the supraspinatus tendon in his rotator cuff. He also was diagnosed with herniated disc C4-5, cervical spondylosis C4-5 through C6-7. The doctor felt this problem was predominately due to his rotator cuff tear and referred him for an orthopedic consultation.
About a month and a half later, in September Dr. Nam performed right shoulder rotator cuff repair with subacromial decompression and debridement on Kolinski. He was seen for follow-up visits on November 9, and December 9, where the continuation of physical therapy was prescribed.
Kolinski testified that since the work injury, he has had daily symptoms in his right shoulder that affect his work for the Respondent as a machine operator on a daily basis. He reported that the symptoms continue to present in his right shoulder with continuing numbness, soreness, and pain in the right shoulder despite his surgery and rehabilitation.
