HomeMy WebLinkAbout98-00215
LAW OFFICES OF
STEPHEN}. HOGG
19 S, HANOVER STREET
SUITE 101
CARLiSLE, PA 17013
Margaret Horner,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
Civil Division
Carlisle Hospital &
Health Services,
Defendant
1J' 2. /1)- ('l L~~L
PRAECIPE FOR DISCONTINUANCE OF ACTION
TO THE PROTHONOTARY OF SAID COURT:
Please mark the above action settled and discontinued without
prejudice,
Date:
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Stephen J, Hog , Esquire
Attorney for Plaintiff'
19 S, Hanover Street, Ste, 101
Carlisle Pa. 17013
Attorney 10 36812
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF -.Cumberland
NO, 9B-215 CIVIL ~J'E1iM
CIVIL ACTION. LAW
COUNTY;
To sallsfy the debt, Inferest and costs due Mar,garet Horner
PLAINTIFF(S)
from Carlisle Hospital and Health Services 246 Parket Street. P. O. Box 130.
Carlisle. Pa. 17013
DEFENDANT(S)
(1) You are directed to levy upon the property olthe delendant(s) and to sell any and all inventory.
desks. chairs. office furnishinqs, supplies and the like at the principle location
Carlisle Hospital at 246 Parker Street. Cumberland County. Carlisle. Pa.
(2) You are also directed to allach the property olthe delendant(s) not levied upon in the possession ot
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an allachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the delendanl(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property of the delendant(s) not levied upon an subject to allachmenl is found in the possession 01 anyone other
than a named garnishee. you are directed to nolily him/her that he/she has been added as a garnishee and is enjoined as above
stated,
Amount Due 513,563.33
~ 10% continuing thru 1/12/98
lnterest B82. 31
L.L. SO. 50
Due Prothy. 1.00
Other Costs
Ally's Comm
Ally Paid
Plaintiff Paid
% 5150.00
32,00
Date: ,January 14. 199B
Curtis R. Lonq
Prothonotary, Civil Division
by: /+'J'L- a. "~
Depuly
REQUESTING PARTY:
Name Stephen J. Hoqq. Esq.
Address: 1 9 S. Hanover Street. Ste 101
rAr';~'p Pa. 17013
Attorney for: M;::n'.'J~rpt- Hnrnpr
Telephone: (717) 745-2698
Supreme Court 10 No,
-
R. Thomas Kline, Sheriff, who being duly sworn according to law,
says this writ is returned STAVED per instruction from Attorney Stephen
Ilogg.
Sheriff's Costs:
Docketing
Surcharge
County
Sworn
This
1998,
$18.00
2.00
1. 50
$21.50
Advance Costs:
Sheriff's Costs:
$150.00
21.50
$128.50
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and Subscribed to Before
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Margaret Horner,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Civil Division 7l", y;., J I ~- ('.":,,J r;~~
vs,
Carlisle Hospital &
Health Services,
Defendant
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY OF SAID COURT:
Please enter judgment on the above captioned matter in favor of
the Plaintiff and against the Deiendant for the amount of $13,563,33 plus
interest awarded by the Workers' Compensation Appeal Board by
decision on October 14, 1997:
(wages) $ 7,016.93
Attorney fees $ 4,849,00
costs: $ 1,697.40
Total $ 13,563.33
Interest $ 882,31
(thru 1/12198 @ 10% continuing
TOTAL
$ 14,445,64
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ate:
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Stephen J. flog, squire
Attorney for PICjiil ff
19 S. Hanover Street, Ste. 101
Carlisle Pa, 17013
(717) 245-2698
Attorney 10 36812
LAW OFFICES OF
STEPHEN]. HOGG
19 S, HANOVER STREET
SUITE 101
CARLISLE, PA 17013
LIBC-471 (REV. 10-87) COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF LABOR AND INDUSTRY
BUREAU OF WORKERS' COMPENSATION
1171 South Cameron Street, Room 103
Harrisburg, PA 17104-2501 (717)783-4419
204-28-2228
REINSTATEMENT I CLAIM
CUMBERLAND COUNTY
10/14/97
DATE OF CIRCULATION
MARGARET
1977 FRY
CARLISLE
HORNER
LOOP CIRCLE
PA 17013
vs
CARLISLE HOSPITAL AND
HEALTH SERV
246 PARKER ST PO BOX 130
CARLISLE PA 17013
THE ATTACHED DECISION OF THE JUDGE
IS FINAL UNLESS AN APPEAL IS TAKEN TO
THE WORKERS' COMPENSATION APPEAL
BOARD AS PROVIDED BY LAW.
HOME INSURANCE GROUP
ONE IND MALL, 6TH FL
7TH & CHESTNUT STREETS
PHILADELPHIA PA 19106
IF YOU DO NOT AGREE WITH THIS DECISION,
AN APPEAL MUST BE FILED WITH THE WORK-
ERS' COMPENSATION APPEAL BOARD WITHIN
20 DAYS OF THE DATE OF THIS NOTICE.
I STEPHEN HOGG, ESQ.
19 S HANOVER ST
STE 101
CARLISLE PA 17013
FORMS FOR AN APPEAL MAY BE OBTAINED
FROM THE WORKERS' COMPENSATION APPEAL
BOARD, 1171 SOUTH CAMERON STREET,
ROOM 305, HARRISBURG, PA 17104-2511
CARRIE CARROLL, ESQ.
100 PINE STREET
SUITE 400
HARRISBURG PA 17108
ZURICH INSURANCE COMPANY
PO BOX 977
MARLTON NJ 08053
Continued
JUDGE KARL H PECKMANN
ak
Margarelllnrner v, Carlisle Ilnspital & Ilealth Service
S,S, 20.j.211.22211
Claim/Reinslatement
Page 2
ilEA RINGS:
December Ill. 199(,
February 6, 1997
May 29,1997
Testimony taken, I:ontinlled,
Postponed by counsel for the claimant
Hearing held, record created, continued,
CLAIMANT'S WITNESSES AND EXHIDITS:
Margaret Homer, witness
C-1 Fee agreement
C.2 Deposition Dr, Rodgers 6-17-97
EMPLOYER'S WITNESSES AND EXHIBITS (ZURICH INSURANCE COMPANY ):
None
EMPLOYER'S WITNESSES AND EXHIBITS (HOME INSURANCE GROUP):
None
BUREAU'S EXHIBITS:
8-1 Notice of compensation payable
8-2 3-22-96 Supplemental agreement
8-3 Notice of workers' compensation denial
RULINGS ON PRESERVED OBJECTIONS:
None
RECORD:
On or about September 23, 1996, Margaret Homer. hereinafter the claimant, filed claim
and reinstatement petitions, On or about October 10, 1996, the petitions were assigned to Judge
Crum, On or about October 23, 1996, the employer filed answers to the respective petitions,
The petitions were reassigned to this Judge, The claimant testified in support of the
petitions at a hearing before this Judge on December 18, 1996, Counsel for the claimant
postponed the February 6, 1997 hearing. A final hearing was held before this Judge on May 29,
1997, Zurich's brief was received on or about August 21,1997, Home Insurance Company's
brief was received on or about August 22, 1997, The claimant's brief was received on or about
September 5, 1997.
Margllrcl Ilortlcr v, ('lIrlislc Ilospitlll &. Ilcallh Scrvicc
S,S, :!04.:!H.:!:!:!H
Clllill1/Rcinstlltcll1cnt
Page 3
FINDINGS OF FACT:
I, Pursuant to th~' notice of compensation payable, the claimant sustained an injur)' while in
the course and scope of cll1plo)'l11ent on September 20, 1995. The description of injury is
"l11uscle strain upper back", Pursuant to the notice of compcnsation payable for the
September 20, 1995 injury, the claimant had an average weekly wage of $314,35 and a
temporary lolal disability rate of $254,50, Pursuant to the notice of compcnsation
payable. disability and payments began on October 8. 1995,
2, Pursuant to the March 22. 1996 supplemental agreement, the claimant suffered periods of
total disability and partial disability from October 8. 1995 through and including March
17. 1996, Pursuant to the March 22. 1996 supplemental agreement as of March 18. 1996,
disability and partial wage loss benefits were suspended,
3, Pursuant to the notice of workers' compensation denial issued by Zurich Insurance
Company on June 26. 1996. the employer was denying the claimant's alleged injury of
May 23. 1996.
4, On or about September 23. 1996, the claimant filed a reinstatement petition alleging that
as of May 30, 1996, she became totally disabled and h,~r total disability was the result of
and related to her September 20. 1995 injury with the employer/Home Insurance
Company,
5, On or about September 23. 1996. the claimant filed a claim petition alleging an injury in
the course and scope of employment with the employerlZurich Insurance Company on
June 23. 1996,
6. At the hearing before this Judge on December 18. 1996. the reinstatement and claim
petitions were amended, The reinstatement petition was amended to allege a date of May
29, 1996 for reinstatement of temporary total disability benefits, The claim petition was
amended to allege a date of injury of May 23. 1996 and a date of disability of May 29,
1996,
7. In support of the petitions, the claimant testified at the hearing before this Judge on
December 18, 1996, The claimant testified that she was a certified nursing assistant for
the employer, The claimant testified that on September 20. 1995, she was injured
handling a patient. The claimant testified that she had a sharp pain in her back on the
right side towards her front. The claimant testified that she received conservative
treatment for approximately one month and then was referred to Dr. Rodgers,
Ii
,
"
Marguretllnrner \', Carlisle Ilnspital & Ileallh Service
S,S, 204-211-22211
ClaimlReinstatement
Page 4
ll, The claimant testified that in December 1995 she returned to work with restrictions, The
claimant testified that around February 1996. she returned tn her regular jon,
"
9, The c1aimantlestified that she was able to perfoml her regular job until May 23. 1996,
The claimant testified that she was transporting/handling a patient when she experienced
increased pain in her September 20. 1995 injul')' area, The claimant testified that she
experienced a pulling and hurting sensation and described it as "sort of back pain", The
claimant testified that she sought treatment with Dr, Rodgers and reported the incident to
her employer the next day, The claimant testified that she last worked on May 28, 1996,
The claimant testified that in November 1996 she returned to work un one day so she
would not lose her job, The claimant testified that she returned to work with restrictions
on December 9. 1996, The claimant testified that the pain is always there and the pain
increases ifshe lifts,
D
10, In further support of the petitions, the claimant presented the deposition testimony of Dr.
Rodgers, Dr, Rodgers is an orthopedic surgeon who first examined the claimant on
October 24. 1995, Dr, Rodgers testified that the claimant reported an injury at work on
September 20. 1995 and also a history of breast cancer. Dr. Rodgers testified that his
examination revealed pain on palpation along the inferior border of the right scapula and
pain on the right side of the lower lumbar spine. Dr. Rodgers diagnosed the claimant as
suffering from mechanical low back pain and rule out occult lesion. Dr, Rodgers testified
that he next examined the claimant on November 6. 1995 following bone scan studies and
x-rays. Dr. Rodgers testified that the claimant sustained fractures to her 4th and 5th ribs,
Dr, Rodgers testified that the fractures were recent and in the healing phase. Dr. Rodgers
testified that he referred the claimant to Dr, Alexander and Dr, Roeder for further
examination in regards to the occult lesion possibility. Dr. Rodgers testified that he
released the claimant to return to restricted duty and then released the claimant to return
to regular duty on March 18. 1996, Dr. Rodgers testified that he examined the claimant
in April 1996 with increasing pain in her right scapula. Dr, Rodgers testified that he last
examined the claimant on May 29. 1996, Dr, Rodgers testified that the claimant provided
a history of injuring herself and having an onset of pain while lifting a heavy patient at
work, Dr, Rodgers testified that the pain was a little more distal or lower dO\\TI and
lateral and more outside than the original complaint. Dr. Rodgers testified that he
restricted the claimant to lifting 20-30 pounds with no heavy lifting. Dr. Rodgers
testified that the restrictions would be pennanent. On cross examination. Dr. Rodgers
testified that he was not aware of the claimant's July 24. 1996 surgery for metastatic
lesions, Dr, Rodgers testified that the restrictions placed on the claimant would not
change due to the claimant's subsequent surgery. Dr, Rodgers admitted that he was not
aware of the claimant's July 24, 1996 surgery until the time of his deposition, Dr,
Rodgers testified that on May 29. 1996, he diagnosed the claimant as suffering from a
strain of the right iliae obliques. Dr, Rodgers testified that this strain should heal or
resolve within a certain period of time, Dr, Rodgers admitted that at the time of his
I
,
I
I.
Margaretllorner v, Carlisle Ilospital & Ilealth Service
S,S, 204-2K-222K
Claim/Reinstatement
Page 5
deposition, June 17, 1997, he had no knowledge of the claimant's disability status or
medical status,
11, The claimant has a 20% fee agreement with the law offices of Stephen J, Hogg, Esquire,
12, The employer/Home Insurance Company had a reasonable basis to contest the
reinstatement petition,
13. The employerlZurich Insurance Company did not have a reasonable basis to contest the
claim petition.
14, I accept as persuasive the testimony of the claimant. The claimant's testimony was not
refuted by the deposition testimony of Dr, Rodgers, Additionally. the employer/Zurich
and the employer/Home failed to present any evidence or testimony to rebut the
claimant's credible testimony,
15. I accept as persuasive the deposition testimony of Dr, Rodgers, Dr, Rodgers' testimony
is consistent with the claimant's testimony, Additionally. the employer/Home Insurance
Company and the employer/Zurich Insurance Company, failed to present any medical
testimony or evidence to rebut the medical opinion of Dr. Rodgers.
16, Based on the credible testimony. I find that the claimant sustained a compensable injury
while in the course and scope of her employment with the employer/Zurich on May 23,
1996, The nature of injury is strain right iliac obliques, First. the claimant's testimony
regarding her original injury on September 20, 1995 is supponed by the notice of
compensation payable. Secondly. the claimant's testimony regarding her periods of
panial disability and total disability is supported by the supplemental agreement dated
March 22, 1996. Thirdly, the claimant's testimony that she suffered an injury on May 23.
1996, is supported by the testimony of Dr, Rodgers, The claimant testified that she was
injured transportinglhandling a patient. Dr, Rodgers testified that on May 23. 1996. the
claimant was injured lifting a patient, Fourthly, the claimant testified that she was
restricted from heavy lifting on May 29, 1996 by Dr, Rodgers. Dr. Rodgers testified that
he restricted the claimant to lifting 20 to 30 pounds with no heavy lifting/patient lifting,
From the credible testimony of the claimant and Dr. Rodgers. it is clear the claimant
sustained a compensable injury on May 23. 1996 in the nature of a strain of the right iliac
obliques when she Iiftedlhandled the patient at work, The claimant testified that she
provided proper notice, The employer did not present any testimony to rebut the
claimant's testimony regarding the incident. regarding notice of the incident. and the
employer did not present any testimony in opposition to the medical testimony of Dr,
Rodgers. Even though Dr, Rodgers was not aware of the claimant's July 24, 1996
metastatic lesion surgery. Dr, Rodgers opined that the claimant's restrictions of no heavy
lifting would not have changed due to that subsequent surgery. Finally. the claimant
\
\
Murguretllorller v, Carlisle Iluspital &. Ilealth Service
S,S, 204-2K-222K
Cluim/Reinslutemenl
Puge 7
ORDER:
The reinstatement petition, tiled on or about September 23, 1996, is DENIED and
I>ISMISSED,
The claim petition, filed on or about September 23, 1996, is GRANTED, The
employer/Zurich is ORDERED and DIRECTED to pay temporary total disability benefits
in accordance with the Pennsylvania Workers' Compensation Act, as amended for the
claimant's May 23, 1996 strain right iliac obliques injury, The period of disability owed is
May 29. 1996 through and including December 8, 1996, with statutory interest.
As of December 9, 1996. the claimant's workers' compensation benefits are
SUSPENDED and/or MODIFIED pursuant to her earning capacity at that time pursuant to
the provisions of the Pennsylvania Workers' Compensation Act. as amended,
The employer/Zurich is ORDERED and DIRECTED to deduct 20% from the above
award and pay the 20% to the law offices of Stephen Hogg, Esquire,
The employer/Zurich is ORDERED and DIRECTED to pay for all reasonable,
necessary. and directly-related medical expenses,
The employerlZurich is ORDERED and DIRECTED to reimburse claimant's counsel
litigation costs and pay claimant's counsel's quantum meruit fee due to their unreasonable
contest in this matter,
KHP/sm
IN 'l'IIE COIJlfl' ox...c;o~v.nN P\.F^-~;,.()I'~C~I~~ll~,IHJ\NIl COurofl'Y, PENNlWlNNHA
~"-V..!..~cl]..I_\{I.~ I ON
I'llAR:tPE 1"JH loJHI'l' OF [';;<EClJl'ION
Caption:
Margaret Horner"
Plaintiff
Confessed Judgl1"Cnt
(X) Other
vs,
Carlisle Hospital &
Health Services,
Defendant
rUe No, 9 :i, )).,'"
Arroun t Due $ 1 3 , 563. 33
Interest $ 882.31 @ 1mr'ColltiWui.!hg
Atty's Comn $ 150.,00
Costs $1-79.gt!
TO THE PRO'lliOl'01'ARY OF THE SAID COUR'l':
The undersigned hereby certifies that the below does not arise out of a retail
install1rent sale, contract, or account based on a confession of judgrent, but if it does,
it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as
arrended; and for real property pursuant to Act 6 of 1974 as arrended.
Issue writ of execution in the above rratter to the Sheriff of Cumhpr1and
County, for debt, interest and costs upon the following described property of the
defendant(s) any and all inventory, desks, chairs, office furnishings,
supplies and the like at the principle location Carlisle Hospital
at 246 Parker Street, Cumberland County, Carlisle, Pa.
PRAECIPE FUR ATl'JI.Clf-lENl' EXro1l'ION
Issue writ of attachment to the Sheriff of County, for debt,
interest and costs, as above, directing attachment against the above-named garnishee(s) for
the following property (if real estate, supply six copies of the description; supply four
copies of lengthy personalty list)
and all other property of the defendant( 5) in the possession, custody or control of the
said garnishee(s).
(Indicate) Index this writ aga1nst the garnishee(s) as a
real estate of the defendant(s) described 1n the attached 'bit.
DATE: I/I~/qrf / Slgnature: ,y<
?::- in t Narre:
lis pendens against
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:\dd:-ess:
19 S, Hanover St., Ste 101
Carlisle, Pa 17013
'\:tOr,l,'y Eot:: Margaret Horner
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COH;"\O~"'LUIK or P[/i/iSYLVA.~IA
IIORJo:.'1Elj' 5 COKl'ENSATlOIl APPEAL eOAP.D
KAUUaUAG
97-4659
MARGARET HORNER
1977 Fry Loop Circle
Carlisle, PA 17013
r.tltloD tor Sup.r.ld.a.
tlled by App.llant.
5.5. , 204-28-2228
vs
CARLISLE HOSPITAL & HEALTH SERV,
246 Parket Street, P,O, Box 130
Carlisle, PA 17013
DENIED
HOME INSURANCE GROUP
One I ndependence Mall, 6th Floor
Philadelphia, PA 19106
: ID.urane. Carrier
ZURICH INSURANCE COMPANY
P,O, Box 977
Maritan, NJ 08053
STEPHEN HOGG, ESQUIRE
19 S. Hanover Street, Suite 101
Carlisle, PA 17013
: Clalmane'. COUD..I
CARRIE CARROLL, ESQUIRE
100 Pine Street, Suite 400
Harrisburg, PA 17108
I D.tendane'. CouD.el
ALEXANDER J. PALUTIS, ESQUIRE
101 North Front Street
Harrisburg, PA 17101
OlD I: I
AND NOW, to wit, this 12th day o( November, 1997
, upon consideration
of Appellant's Pelition (or Supersedeas (i1ed in the above-captioned cue, the said Petition
for Supersedeas is hereby denied, ~tatutory interest shall be paid on past due compensation.
NOV 121997
a, 'I'D BOMDI
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LICB.170 REV B,98
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF LABOR AND INDUSTRY
WORKERS' COMPENSATION APPEAL BOARD
1171 SOUTH CAMERON STREET, ROOM 305
HARRISBURG, PENNSYLVANIA 17104-2511
The foregoing is hereby certified to be a true and correct copy of A BOARD
ORDER DATED NOVEMBER 12, 1997
in the case of MARGARET HORNER V5. CARLISLE HOSPITAL & HEALTH SERVICE IA97-4659)
as full, entire and complete as the same remains on file in the Bureau of Workers' Compensa-
tion of the Department of Labor and Industry.
Certifjedthis THIRTEENTH
day of
JANUARY
,19 98
~:;- ~'~,.,.+
Chairman
WORKERS' COMPENSATION APPEAL BOARD
ATTEST:
~;4'~
Secretary
WORKERS' COMPENSATION APPEAL BOARD
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