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Wednesday, July 18, 2012

CLAIMANT AWARDED PERMANENT TOTAL DISABILITY BENEFITS (ALJ SOLOMON)

MARINA DOANE v. AAFES, FOR HOMESTEAD AFB
Read Full Decision Here

Excerpts

Claimant is seventy years of age. She graduated from high school in Greece. She has never received a subsequent degree or certification. She speaks with a pronounced Greek accent and according to the testimony, has trouble understanding English and being understood in English. Claimant utilizes a hearing aid in her left ear. She also uses a cane for stability which has been recommended by her treating physicians, Dr. Richard Glosser (orthopedic surgeon) and Dr. Todd Alea (pain management specialist). Claimant does not drive. Claimant was employed by Army Air Force Exchange Service. After coming to the United States in 2002, the only other job she held was as a housekeeper for a Greek gentleman. Claimant’s position with the Employer was as a stocking clerk. Her duties included heavy lifting and carrying and standing for long periods of time. TR 27-28. Claimant worked as a cashier for less than a month as it was immediately apparent to the Employer that Claimant did not have the training, experience, and skills to fulfill the position’s duties. TR 26-27. On February 28, 2008, at the PX, Claimant fell from a stepladder, injuring her left knee and back. On September 16, 2008, she injured her back again at the PX when stocking items. Both accidents have been accepted as compensable by Employer/Carrier. Claimant has been treated by Dr.Richard Glosser, board-certified orthopedic surgeon for her left knee, and Dr. Todd Alea, board-certified pain management specialist, for her back.






Conclusion

The Employer shall pay the Claimant permanent total disability (“PTD”) from December 13, 2010, to the present. The District Director shall enforce all items of stipulation entered by this decision. Although not specifically authorized in the Act, if applicable, it has been accepted practice that interest at the rate of six (6) percent per annum is assessed on all past due compensation benefits.  Avallone v. Todd Shipyards Corp., 10 BRBS 724 (1978).  The Employer shall receive a credit for all compensation already paid to the Claimant. The Employer shall continue to furnish the Claimant with such reasonable, appropriate and necessary medical care and treatment as the Claimant’s work-related injury referenced herein may require, subject to the provisions of section 7 of the Act.

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