Tuesday, July 24, 2012

CLAIMANT AWARDED TEMPORARY TOTAL DISABILITY COMPENSATION (ALJ GEE)

SANTIAGO LUNA v.IMIA and SIGNAL MUTUAL INDEMNITY ASSOCIATION
Read Full Decision Here

Excerpts
On September 7, 2006, the Claimant was working for the Employer at NASSCO. (HT, p.39.) He was working on a scaffold preparing the area on a ship for painters with a buffer. He was crawling on the scaffold when one of the boards fell, causing the Claimant to fall. (HT, p. 26; EX 2; EX 3; EX 19, pp. 49-50.) He fell approximately 21 feet hitting another scaffold and then landing on the ground. (HT, pp. 26, 28; EX 2; EX 3.) He lost consciousness but regained consciousness when the paramedics were moving him. When he woke, he felt pain in his ribs, right shoulder, and the right side of his neck. (HT, p. 27.) He sustained rib fractures and a scapula fracture and hurt his right elbow, neck, and right shoulder in the fall. (HT, pp. 27-28.)






Conclusion
In conclusion, I find that the Claimant suffered a right scapular fracture, multiple rib fractures, an elbow contusion, and a right cervical strain as a result of his September 7, 2006, fall. These injuries were work-related. The Claimant was temporarily totally disabled from September 7, 2006, until October 26, 2006, when he returned to modified duty with no loss in pay. He was terminated on June 8, 2007, for failing to provide the Employer with a valid Social Security number. The Claimant reached maximum medical improvement on September 17, 2007, and was able to return to his former job when he reached maximum medical improvement. He had no permanent disability, partial or total, after he reached maximum medical improvement

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