Bath Iron Works Corporation Ordered To Award Claimant Permanent and Total Disability Benefits (ALJ McGrath)

Ronald A. Marsters v. Bath Iron Works Corporation
Read Full Decision Here

Excerpts

Claimant testified he sustained a gradual work injury to his back up through April 19, 2005. He remembers having intermittent pain so he sought treatment from his personal physician who then referred him to see Dr. Susan Hage at Medical Rehabilitation Associates. His initial visit with Dr. Hage was on May 25, 2005. An MRI was scheduled and that is when the cause of his problems became evident.

He testified that the April 2005 injury to his back was a gradual injury caused by many years of heavy lifting and very physical work. Claimant testified his work included climbing up ladders, working on saw horses, heavy lifting, twisting, being in awkward positions and brutal physical labor. TR at 15. He testified that he has had treatment, including cortisone shots in order to function. After the injury he returned to work at BIW where he was subject to limitations because of his back problem. He was limited in his ability to sit and stand for no more than 20 minutes at a time, and could only kneel, bend and climb as he could tolerate. He testified that BIW was aware of the back problems because his supervisors tried to accommodate him and BIW was paying for the medical treatment and his lost time from work. TR 16.

On March 27, 2006 Claimant sustained a traumatic injury to his left shoulder. That injury occurred when he was working overhead installing a vent line and the stepladder he was standing on kicked out, causing him to fall backwards. Claimant put his left arm up to break his backwards fall, his arm got caught in the bulkhead and he severely damaged his shoulder. He testified he "ripped three of the four ligaments—one right off the bone and two just tore apart.” TR at 17. He was diagnosed with a rotator cuff injury and underwent surgical repair on April 27, 2006. TR at 18; EX 33 at 425, 426; EX 36 at 441.

Conclusion

The Claimant seeks an award of permanent total disability benefits from April 18, 2008 though the present and continuing. The Employer seeks to invoke Section 8(f) relief, and that request is joined in by the Claimant. Upon review of the parties’ stipulations and the evidence of record, I conclude the Claimant is entitled to an award of permanent and total disability compensation beginning on April 18, 2008 to the present and continuing. I further conclude the Employer is entitled to relief from liability pursuant to Section 8(f) of the Act. My findings of fact and conclusions of law are set forth below.