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Home My WebLink About01-06354 TONY NOEL, Plaintiff v. CARLISLE TIRE WHEEL CO., Defendant TO THE PROTHONOTARY: " i - '~l_'~' - '"~;-"""""J~'",:",, "~--'" ['n~'i\ , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : NO. CI- i.c,3S''f CU,'( '-r~YJ : CIVIL ACTION - LAW PRAECIPE Pursuant to the attached certified copy of Workers' Compensation Judge's Decision, enter judgment against the Defendant in the amount of $20,804.33. Pursuant to 77 P.S. 9 921 and 951, judgment may be entered by the Prothonotary against the Defendant for the entire balance payable under the award of the Workers' Compensation Judge. Date ttl <01 0 I B~ ~ Daniel Stem, Esquire 2650 N. Third St. Harrisburg, P A 1711 0 (717) 234-4531 Attorney for Plaintiff "'", , "~,,,,' '--"'-^ -", ~ - ~ ."",-,~!< Received BWC 2001.10-05 L TR:-005 REV 09/05/00 1 ',l Circulation Date: 09/13/2001 COMMONWEALTH OF PENNSYLVANIA DEPARlMENT OF LABOR AND INDUSlRY BUREAU OF WORKERS' COMPENSATION 717-783-4419 CHARLES CLARK HARRISBURG JUDGES OFFICE EAST GATE CENTER 1010 NORTH SEVENTH STREET HARRISBURG PA 17102-1400 DECISION RENDERED COVER LETTER , Bureau Claim Number: 2163870 ; Insurer Claim Number: 382057654 Petitions: Claim-Pet Penalty-Pet ,TONY NOEL P.O.BOX 5 BOTTOM ROAD NEW GERMANTOWN, PA 17071-0000 Judge: Charles Clark East Gate Center 1010 North Seventh Street Harrisburg, PA 17102-1400 DANIEL STERN ESQ ,2650 N TIllRD ST HARRISBURG, PA 17110 The attached Decision of the Judge is final unless an appeal is taken to the Workers' Compensation Appeal Board as provided bylaw. Vs ,CARLISLE TIRE WHEEL COMPANY i 621 NORTH COLLEGE STREET CARLISLE, PA 17013-0000 DE~SCULLEN,ESQUIRE CIPRlANI & WERNER 1017MUMMARD LEMOYNE, P A 17043 AMERICAN INTERNATIONALADJ CO PO BOX 499 ESSINGTON, PA 19029-0499 . COMMONWEALTII OF PENNSYLVANIA . BWC LEGAL DIV '1171 S.CAMERONSTREET , ROOM 327 . HARRISBURG, PA 17104-2501 If you do not agree with this Decision, an appeal must be filed with the Workers' Compensation Appeal Board within 20 days from but not including the date of this notice. Forms for an appeal may be obtained from the Workers' Compensation Appeal Board, Capital Associates Building 901 North Seventh Street Third Floor South Harrisburg, P A 171 02 D CLOSED D SUSPENDED D UNKNOWN TO WCJ .'" . ReceiVed BWC 2001.10-05 , , Employee Witnesses & Exhibits: Tony Noel C-01 Fee Agreement C-02 Packet of Medical Reports and Records Employer Witnesses & Exhibits: Karen Longenecker D-O I Letter Dated 4/16/200 I D-02 Report of Dr. Baker D-03 Statement of Wages Joint Counsel Witnesses & Exhibits: J-OI Stipulation of Facts Hearings: 10/1 % I 09:30:00 6/6/0110:30:00 2/28/01 14:00:00 7/18/00 10:30:00 Canceled by Employer Counsel on 09/12/01 Held Held Held ",'"", ~ . "",,",. - "-;:C~_L' "'~'-'''I'''~'"<.(jiJ!;iliti!llt\l:h;c-_ 2 TONYNOEL-2163870 . "~ -~\. Received BWC 200HO-05 3 " TONY NOEL Bureau Claim #2163870 ClaimlPenalty Page 1 of 1 RECORD: This matter arose when Tony Noel, hereinafter called the claimant, filed a claim petition and a penalty petition. The parties presented a Stipulation of Facts to this Judge, which upon review, appears to be substantially supported by the record. This Judge hereby adopts the stipulated facts Pro Forma and issues the following Conclusions of Law and Order based thereon. CONCLUSIONS OF LAW: 1. In all matters material to this petition, the parties are bound by the provisions of the Pennsylvania Workmen's Compensation Act, as amended. 2. Pursuant to Section 411 of the Act, this Judge adopts the attached Stipulation of Facts as his Findings of Fact. ORDER: AND NOW, to wit, on this 13th day of September, 2001, upon consideration of the Stipulation of Facts and the claim and penalty petitions, the petition is hereby granted according to the attached Stipulation of Facts. The fee agreement between claimant and claimant's counsel is hereby approved. r!&~o(~~<- Charles F. Clark Workers' Compensation Judge CFC/bem September 13, 2001 ,..w -~ '~O ~ ,- , "_0"<'___ '.'." - ""i-'~b;" Recetved BWC 2001-10-05 , , 4, ,. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY BUREAU OF WORKERS' COMPENSATION 1171 SOUTH CAMERON STREET, ROOM 103 HARRISBURG, PA 17104 TONY NOEL P.O. BOX 5 BOTTOM ROAD NEW GERMANTOWN, PA 17071 SSN: 198-42-8728 Date of Injury: 01/03/2000 Claimant, Claim Petition v. CARLISLE TIRE AND WHEEL 621 NORTH COLLEGE STREET CARLISLE, PA 17013 The Honorable Charles Clark Defendant/Employer, and AIG CLAIMS SERVICE, INC. P.O. BOX 499 ESSINGTON, PA 19029-0499 Insurance Carrier. STIPULATION OF FACT 1. The Claimant filed a Claim Petition alleging that, en Jam.lSf'1 3, 2000, he sustained injuries to his neck, left shoulder, arm and hand while in the course and scope of his employment with Carlisle Tire and Wheel. 2. As of January 3, 2000, the Claimant's Average Weekly Wage is $552.78, resulting in a compensation rate of $368.52. . 3 After extensive investigation, it has been determined that the Claimant sustained a compensable work injury on January 3, 2000. The J .. .. ,--,,... ~ - _~,"l"< J, ~-n~:' Received ewe 2001-10-05 51 '. Claimant's injury is described as "Bilateral Carpal Tunnel Syndrome and Left Shoulder Strain and Sprain." 4. The Claimant is entitled to payment of temporary total disability benefits beginning March 28, 2000 through and including June 1, 2000. Effective June 2, 2000, the Claimant's benefits are suspended based upon a return to work at no loss of wages. 5. The Defendant/Employer is entitled to a credit for Short-term disability benefits paid to the Claimant during the above-referenced time period. The Claimant is entitled to interest on any past due benefits. ,Interest is to be calculated prior to the Defendant/Employer's credit for Short-term disability benefits. 6. The Claimant is entitled to a reinstatement of temporary total disability benefits beginning October 2, 2000 through and including July 24, 2001. The Claimant's benefits are suspended as of July 25, 2001 based upon the Claimant's return to work at a modified duty job at no loss of wages. The Claimant is entitled to interest on any past due benefits. 7. As of July 25, 2001, the Claimant's benefits are terminated with respect to his Left Carpal Tunnel Syndrome injury. As of July 25, 2001, the Claimant's work injuries are described as "Right Carpal Tunnel Syndrome and Left Shoulder Strain and Sprain." 8. The Defendant/Employer is responsible for the payment of all reasonable and necessary medical expenses casually related to the Claimant's January 3, 2000 injuries, which have been properly forwarded to the carrier pursuant to Act 44. See attached footnote to this 'Paragraph 8. . J . , "," ~ I~ . ' .'-' - , - :...."~. --"- .. ,-., - ,"'. iclit:';~m,j>' Received BWC 2001-10-05 ---- , 6 , . . 9. The Defendant/Employer is responsible for reimbursing a Blue Cross/Blue Shield lien for the actual amount paid by Blue Cross/Blue Shield to the Claimant's medical providers for treatment of the Claimant's January 3, 2000 work injuries. Attorney's fees in the amount of twenty percent (20%) of the actual amount of the Blue Cross/Blue Shield lien are to be deducted and paid directly to Daniel Stern, Esquire. See attached footnote to this Paragraph 9. 10. The Fee Agreement between the Claimant and Daniel Stern, Esquire is reasonable and approved. Attorney fees in the amount of twenty percent (20%) shall be payable to the Daniel Stern, Esquire, and the Defendant/Employer is authorized and directed to deduct th~, same from the lump sum payment in this matter and pay attorney fees directly to Attorney Stern. 11. Litigation costs in the amount of $70.11 will be satisfied by the Defendant/Employer and reimbursed directly to DANIEL STERN, ESQUIRE. 12. The Defendant's contest in this matter is reasonable. 13. The parties specifically agree that the Claimant did not sustain any neck or cervical injury as a result of the January 3, 2000 work-related injury. 14. This agreement disposes of all petitions currently penciing before the Honorable Charles Clark. . J ~ '<<i ,.- . -'''''- ,-- ' ~:l!l:i'J:f""hi, ----- . Received BWC 2001-10-05 T 15. The parties request that the Honorable Charles Clark circulate a Decision and Order adopting the terms and provisions of the instant Stipulation of Facts. DATE: dit-tJ. /.[7 ~('{) { (/ I ' DATE: t/ ~Olol B~'~ DANIEL STERN, ESQUIRE Attorney for Claimant I DATE: ~/(o/Oi . ( 11/ JA N BURNS, ESQUIRE Attorney for Defendant/Employer . J .. -~ " L -, ~ , " '"'~..b."~ ,,, 'l~'~~~'_', ReceIVed awe 2001-10-05 , '8 Footnote to Paragraph 8: Although it was ultimately determined that the Claimant's injuries are described as set forth in the preceding paragraph 7, it was medically reasonable and necessary to explore the possibility of Claimant's symptoms originating in his neck. Accordingly, without admitting any liability for a work-related neck injury, the Defendant agrees to pay all reasonable and necessary medical expenses for -treatment of the Claimant's neck following the date of injury and before the date ofthis Stipulation, including but not necessarily limited to an MRl taken at the Carlisle Hospital and nerve blocks administered at the Hershey Medical Center, as well as the services of Dr. Baker and physicians to whom the Claimant was referred by Dr; Baker, a panel physician. Footnote to Paragraph 9 The above Paragraph should apply to the subrogation lien of Comp I, pursuant to the attached statement of lien of 8/27/01. ~, "~< - ~ ".1 "'~,,~i.:, ~\:\{ Received BWC 200H 0-05 '.. ~ 9 '. , PAUL J. GITNIK & ASSOCIATES, LLC ATTORNEYS AT LAW '-~ t Paul J. Gituik Centre 1201 Broughton Road Pittsburgh, Pennsylvania 15236-3451 Telephone: (412) 653-8702 E-mail: associates@gitnik.com Facsimile: (412) 655-8721 ......"...ll~ .~ ... J August 27, 2001 Daniel Stern, Esquire 2650 North 3rd Street Harrisburg. PAl 71 10 Re: COMP I Patient: Noel, Tony Contract No.: 198426729 Date of Injury: Jan :03,2000 Dear Mr. Stern: As you are aware, this law fino has been retained as legal counsel to .COMP I with regard to the above- referenced subrogation case. Although COMP I is entitled to proceed separately and directly against the third party, it may be in the best interest of all parties involved, for this fino to coordinate CaMP I's contractual and equitable interests through the patient's legal counsel. Accordingly, we are authorized to request that you represent our client, CaMP I, through Paul J. Gituik & Associates, LLC, in connection with CaMP I's contractual and equitable subrogation interests. We are authorized by our client to pay you 20% of the benefit payments recovered as the statutory attorney's fee. This fee agreement is expressly conditioned upon the full and complete recovery of our client's contractual subrogation lien based solely upon its negotiated rates and this contingent representation is revocable by our mutual client at any time. Due to the contingent fee nature of this representation, no fees shall be payable in the event of revocation. This rate is inclusive of representation, filing costs, witness fee(s), etc. Any potential compromise shall be on a net basis; therefore, any proposed compromise of CaMP I's subrogation interest must be submitted to this fino within a reasonable period, so we can submit it to our client for their approval, rejection or counter-offer. Enclosed please find a copy of the Record of Claim Payments prepared by COll<tp I, which sets forth a preliminary subrogation lien amount of $332.80, paid as of Aug 10, 2001. We have been informed by COMP 1 that their subrogation lien will increase to approximately $427.29 with the addition of 2 more claims that have yet to be processed. We reserve the right to provide you with and shall expect )ou to request, on behalf of your client, an updated CaMP I Record of Claim Payments prior to the final settlement andlor resolution ofthis case with our law fino. ':: " " h ~" ~'~ , - """'''' ~ ^ '~;".,~~;..,;, ,-'---- ---- "',---- --- I' Received BWC 2001-10-05 I ..' 10 . PAUL~. GITNIK & ASSOCIATES, LLC Daniel Stem. Esquire August 27, 200 I Page Two If this arrangement is acceptable to you and your client and you agree to assert COMP I's subrogation interest. please complete and return this retainer letter within ten (10) days. If this office does not receive a reply from you within ten (10) days from the date of this letter, We shall assume you will not represent our client's interest and we shall proceed separately. Very truly yours, PAUL J. GITNIK & ASSOCIATES, LLC Q-JLP ~~ Paul J. Gitnik PJG/rnz Enclosure I hereby agree to represent the contractual and equitable subrogation interests of COMP I in accordance with the terms and conditions outlined above with regards to the above described case. ij~ ~~ Ildil1 Daniel Stem, Esquire Date 'COMP I is a joint venture of Capital Blue Cross, Blue Cross of Northeastern Pennsylvania and Pennsylvania Blue Shield. COMP I's contractual subrogation lien is separate and distinct from that of Medicare andlor any other Blue Cross andlor Blue Shield Plan. ijj~~J&l~...niif"'''~'\'riii'!J<~''''''''-l~!bjji;~;,-~~i0f:~','-I'~'''''''i;-i-'''''-'<,;i'd"'~";\ ""',-1-"""".iU"';cF<"'I_,"'-"i>ie~j.'iil-di1i'!iiiIM"~~~~iili'.k>iIiiMllilll;~rWl W ~~~'_IIIIII ~ ? p ~ 1- ../::: \l d - r -e (') (:J () --- -u c: -'q -- --:--"~ -~ c,; ~tr ~ ,-_. ~ r ~::.') j'! 3 - ~5~: I ~ (lJ' t 1- -' ~ ~ ~'"-, ""D ~h~ ("'-, ~.) 2: l -, J' .< tj'; ,Jl~,W' .~" ~ <" ~ ~ ~,~ ,,_ '~_"_"'n" ~ ^ -- "" , -." - ~ ~._, ., ,.. -'. - '~ ~".D 'U&--'"-"~~'f<I;,,- e"""",: .',,, Harrisburg, PA 17104 UBoR'&'iNbVsm: c....~.."I.1'1l o. '~~lln"'U.I' www.cIli.state.pLus BUREAU OF WORKERS' COMPENSATION October 25, 2001 ';- ,...~ __ ~ ~ .'_..--..........' '4 ~~__ The foregoing is hereby certified to be a true and and correct copy of Judge Charles Clark's Decision Circulated September 13, 2001 in the case of Tony Noel v. Carlisle Tire Wheel Company, BWC #382057654, D/I 1/3/00 as full, entire, and complete as the same remains on file in the Bureau of Worken' CompeaNltloa of die Department of Labor and Industry. Certified this 25th day of October . 2001 ~ - -- ~/~t""- ,- Claims Ma..-t D1v1lloa ~~,~. ATTEST: I hereby certify that Laura S. Keller . who siped the foreaoiaa. ".. at die time ofsi~ninl!, Chief, Claims Manal!ement Division. Bureau ofWorkel'S' CompeasatlnR, and" surll, ....~ the legal custodian of tbe above-described records. IN n:STlMONY WHE~OF, I hive ........to set my band and cnsecl..... .ftlle .........t of Labor and Indu.try to be dOsed on dlis 25th dayt'! October .~ Se",; nt'th~ Depa...."ent of Labor and Indust~. ~~.l.J~'~ Sandra . Neal