Applicant sustained industrial injury on April 23, 2012 causing permanent disability to back, right foot, and psyche.
Favours Applicant prevailed
This injury and resulting conditions form the basis for the permanent disability award.
From the decision · page 1Both applicant and defendant seek reconsideration of the Findings & Award (F&A) issued
on October 21, 2022, by the workers' compensation administrative law judge (WCJ). The WCJ
found, in pertinent part, that applicant, while employed as a plumber on April 23, 2012, sustained
industrial injury to his back, right foot and psyche resulting in 100% permanent disability.
PQME Dr. Lane's orthopedic assessment and PQME Dr. Mednitsky's psychiatric diagnosis support 100% industrial cause of disability.
Favours Applicant prevailed
Their medical opinions provide substantial evidence for the extent and cause of disability.
From the decision · page 2In his report dated September 17, 2015, PQME Dr. Lane, after evaluating applicant, took
a history that applicant sustained a work-related low back injury on April 23, 2012 while employed
by RotoRooter as a plumber when he lifted a snake machine weighing over 100 pounds and
immediately experienced back pain. He initially treated with Frederick Arbenz, M.D., who
diagnosed a sacroiliac joint and lumbosacral sprain. An MRI dated May 26, 2012 by Donald Wade,
M.D., showed a broad-based disc protrusion at L3-4 with mild central canal stenosis and moderate
lateral recess stenosis and a broad-based disc bulge at L4-5. Travis Calvin, M.D., took over
treatment for applicant, provided him electrodiagnostic testing, and, ultimately, a two-level
decompression and fusion at L3-4 and L4-5 on January 28, 2013. The surgery led to a poor
outcome and he continued to require substantial medication. (Def. Ex. A, p. 2.)
Favours Applicant prevailed
This vocational opinion bridges medical restrictions and labor market realities, supporting total disability.
Applicant's permanent disability indemnity payments shall commence on February 27, 2014, amended from the original award date.
Favours Applicant prevailed
This amendment affects the timing of benefits payments but not the extent of disability.
From the decision · page 2We have considered the allegations in the Petitions and the contents of the WCJ's Report
with respect thereto. Based on our review of the record and the reasons discussed below, as our
Decision After Reconsideration, we amend the F&A to reflect that permanent disability begins on
February 27, 2014 (Finding of Fact 2). We otherwise affirm the F&A.