Ankin Law Office attorney, Scott Goldstein, represented a nurse who was kicked and injured by a patient in the Intensive Care Unit where she worked. In a 3-0 Commission Decision win on appeal, Goldstein was able to secure payment of medical services, back and shoulder surgery, and temporary total disability benefits.
The nurse will receive TTD benefits of $1,549.43/week for 114 4/7 weeks as well as payments for past and prospective medical services. The arbitrator also awarded her surgery for her injuries that consist of (1) C5-6 and C6-7 anterior cervical discectomy and fusion and (2) left shoulder manipulation under anesthesia.
On the day of the accident, the nurse was working in the ICU when a patient kicked her multiple times and she fell back onto the wall behind her. Her back, her upper shoulders, neck area, and maybe her leg impacted the wall. She felt pain in her arm and neck after her body struck the wall and but mainly felt pain in her chest area. She was able to complete her shift and sought medical care after the incident.
After numerous doctor appointments and multiple treatments, she notes that her left shoulder is still painful. Also, her left arm tingles, and burns up and down the arm through the neck. Her head hurts, she has migraines, her arm is weak, and she over-uses her right arm.
After the work injury, the nurse was involved in two separate car accidents. Below are excerpts from the arbitrator decision explaining how those accidents did or did not affect the ruling:
“The Arbitrator acknowledges that Petitioner was involved in a motor vehicle accident in November 2020, however, the records in evidence do not reflect that Petitioner was actively treating for any condition related to the November 2020 motor vehicle accident at the time of the September 23, 2021 injury. Further, Petitioner credibly testified that (1) she did not miss any time from work due to the November 2020 motor vehicle accident, (2) that Dr. F released her from care on February 5, 2021, and (3) that she did not have any ongoing symptoms at the time of the September 23, 2021 injury.”
“The Arbitrator further finds that the June 27, 2022 motor vehicle accident did not break the causal chain between the September 23, 2021 work-related cervical spine injury and her current cervical spine condition of ill-being. The Arbitrator notes that Petitioner had not returned to work and was actively treating for her cervical spine and left shoulder at the time of the June 27, 2022 motor vehicle accident. The Arbitrator notes that Petitioner had been recommended a series of one to three cervical epidural injections and had undergone one cervical epidural steroid injection prior to the June 27, 2022 motor vehicle accident. Further, on May 13, 2022, Dr. Noted that surgical intervention may be recommended or necessary in the future to alleviate or treat Petitioner’s condition, especially if conservative measures failed or the condition progressed or worsened.”