Injury at Work

An employee from Williamsport, PA working as a heavy equipment operator suffered a work injury which the employer and its insurance company formally described only as a left knee strain. Schemery Zicolello filed a Petition to Review Compensation Benefits to expand the description of injury to include the diagnosis of “anterior cruciate ligament tear along with the medial collateral ligament tear, a subchondral fracture of the posterior lateral tibial plateau and a chondral fracture of the medial facet of the patella.” The employer and its insurance company responded by filing a Petition to Suspend Benefits arguing that work was available for the Client. The Client returned to work for one day but was incapable of continuing to work. The employer and its insurance company then stopped the payment of weekly wage loss benefits. Schemery Zicolello filed a Challenge Petition and was able to successfully have Claimant’s benefits reinstated. The employer and insurance company continued in its efforts to end the payment of disability benefits to the Client by securing a Labor Market Survey which maintained that Client had an earning capacity, and that work was generally available in the community. While the case was actively being litigated, Schemery Zicolello ultimately negotiated a lump sum settlement of $115,000 via a Compromise and Release. Including the settlement, the injured worker received $216,401 combined in wage loss and medical benefits for his work injury.