Stallworth vs. Northrop Grumman, ALJ Price

http://www.oalj.dol.gov/Decisions/ALJ/LHC/2011/STALLWORTH_CARLA_v_NORTHROP_GRUMMAN_SHI_2011LHC01249_(APR_11_2012)_104252_CADEC_SD.PDF

Administrative Law Judge Larry Price


Shoulder injury that developed into RSD and psych injuries results in ruling that: 1) Claimant cannot return to her usual work; 2) Employer has not established alternative employment; 3) Claimant has not reached MMI so award is TTD, not PTD; 4) AWW is established using Seciton 10(c).

EXCERPTS

Claimant sustained a work injury to her shoulder, arm and neck on December 11, 2008 when she fell through a floorboard. Later, she developed RSD (Reflex Sympathetic Dystrophy), as a result of those injuries. Claimant also allegedly developed psychological injuries flowing from her constant pain. She has treated with multiple doctors, and asserts that she is totally disabled. Employer argues Claimant is only partially disabled.

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Employer urges that this Court ignore Dr. Tsang’s work restrictions and instead look to Drs. Fontana, Black, and Smith. First, Drs. Black and Smith have not recently examined Claimant, thus any work restrictions and opinions are not current. Even though Dr. Fontana agreed that Claimant could return to light duty work, most doctors with current knowledge of Claimant do not believe she can work at this time. Dr. Tsang has restricted Claimant from work. Dr. Massong, Claimant’s psychologist, stated that she would not be capable in her current major clinical depressive state with chronic pain to secure competitive employment. Dr. Davis, Employer’s choice for a second medical psychological opinion, opined there was no way
Claimant could work on her current medications. Thus, given the great weight of the current medical opinions, this Court finds no suitable alternative employment, and finds Claimant to be temporarily totally disabled. This Court notes that with psychological and physical treatment,
Claimant should be able to return to some type of work in the future.