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Home My WebLink About03-5356Steven M. Fore, Plaintiff V. Genco Distribution, Defendant : Cumberland County Court of : Common Pleas : : Civil No.: b~~ ~'~ ~ .' : PRAEClPE Please enter the attached Certified copy of a Workers' Compensation award of $30,000.00 as Judgment as set forth in 77 P.S. {}921. Stephen J. ~, Esquire Attorney for Plaintiff ID#: 36812 Date: LAW OFFICES OF 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Steven M. Fore, Plaintiff Genco Distribution, Defendant : Cumberland County Court of : Common Pleas : : Civil No.: .. TO THEPROTHONOTARY: AFFIDAVIT The undersigned affirms that there has been a default in payment of compensation due from the Defendant Liberty Mutual Insurance Company. Date: f~//o~/~).~ LAW OFFICES OF STEPI~N J. I-IOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Received BWC 2003-05-30 L'~ ~-.u3 ~¢,J~ v COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY BUREAU OF WORKERS' COMPEI~SATION 717-7834419 Circulation Date: 05/27/2003 KARL PECm~AAIN HARRISBURG JUDGES OFFICE EAST GATE CENTER 1010 NORTH SEVEAEPH STREET HARRISBURG PA 17102--1~00 DECISION RENDERED COVER LETTER Bureau Claim Number: 2479541 Insurer Claim Number: Claim-Pet STEVEN FORE 136 ENUCKS MILL ROAD CAP. LISLE, PA 17013-0000 STEPHEN HOGG ESQ 19 S HANOVER ST STE 101 CARLISLE, PA 17013 GENCO DISTRIBUTION 406 STERLING CJ~AtP ItlLL, PA 17011.0000 LIBERTY MUTUAL FIRE rNSURANCE CO 15 KINGS GRANT DR B/ELA CYNWYD, PA 19004 Judge: Karl tt East Gate Center 1010 North Seventh Street Harrisburg, PA 17102-1400 DECISION The attached Decision of thc Judge is final unless an appeal is taken to the Workers' Compensation Appeal Board as provided bylaw. 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 inoluding the date of this notice. Forms for an appeal may bo obtained fzom the Workers' Compensation Appeal Board, Capital Associates Building 901 North Seventh Street Third Floor South Han-isburg, PA 17102 OPEN [] CLOSED F'~ SUSPENDED [] L~O',~ TO WCJ Page 1 of 2 C-01 Fee Agreement Emoiover Witnesses & Exhibits: None Bureau Witnesses & Exhibits: B-01 Assignment Notice and Petition B-02 Heating and Postponement Notices B-03 Hearing and Postponement Notices Hearin-s: 5/15/2003 11:40:00 Held 4/15/2003 10:30:00 Postponed by Employee Counsel on 03/19/03 Received BWC 2003-05-30 3 Rteven Fore C],,;,- N,,-,ber: 2479541 C~ Petition Pa~e I of 2 FINDINGS OF FACT: 1. On February 28, 2003, the Claim petition was assigned to this Judge. The Assignment Nodce and Claim petition were sent to the Employer and Liberty Mutual Insurance Company at their respective addresses on the cover page &this Decision. None of the Assignment Notice and petitions sent to the Employer and Liberty Mutual Fire Insurance Company were returned by the Post Office as undeliverable. The Employer and/or Liberty Mutual Fire Insurance Company failed to file an answer. 2. On March 7, 2003, a Hearing Notice was sent to the Employer and Liberty Mutual Fire Insurance Company at their respective addresses on the cover page of this Decision. The Hearing Notice sent to the Employer was returned by the Post Office as undeliverable. The Hearing Notice sent to Liberty Mutual Fire Insurance Company. 3. On March 19, 2003, a Notice of Hearing Postponement and Rescheduling was sent to the Employer and Liberty Mutual Fire Insurance Company. The Notice of Heating Postponement and Rescheduling sent to the Employer was returned by the Post Office as undeliverable. The Notice of Hearing Postponement and Rescheduling sent to Liberty Mutual Fire Insurance Company was not returned by the Post Office as undeliverable. 4. On April 7, 2003, a Heating Notice was sent to the Employer and Liberty Mutual Fire Insurance Company at their respective addresses at the cover page of this Decision. The Hearing Notice sent to the Employer was returned by the Post Office as undeliverable. The Hearing Notice sent to Liberty Mutual Fire Insurance Gompany was not returned as undeliverable. The Employer and/or Liberty Mutual Fire Insurance Gompany failed to attend the May 15, 2003 hearing as notified via the April 7, 2003 Heating Notice. Based upon Liberty Mutual Fire Insurance Company's failure to fzle an answer and attend the hearing the Claim petition is granted. The Employer and/or Liberty Mutual are responsible for the pa~xnent of workers' compensation benefits as a result of the Claimant's February 14, 2002 right shoulder and low hack injuries. The Claimant is entitled to temporary total disability benefits from February 15, 2002, to the present, and continuing, based upon an average weekly wage of $400.00. The Glalmant is entitled to interest on all back due and owing indemnity/wage loss benefits. 5. The t~venty percent (20%) fee agreement is reasonable and is approved. CONCLUSIONS OF I.&W~ I. The parties are bound by the provisions of the Pennsylvania Workers' Compensation Act, as amended. Received BWC 2003-05-30. · Steven Fore C]=i,~ N~mber: 2479541 Cl-'~m Petition Page 2 of 2 2. The Employer, through Liberty Mutual Fire Insurance Company, received proper notice of the Claim petition and failed to file an answer and received proper notice of the May 15, 2003 hearing and failed to attend the hearing. The Claim petition should be granted consistent with the pleadings therein. 3. The twenty percent (200/0) fee agreement is reasonable and is approved. The Claim petition, assigned to this Judge on February 28, 2003, is granted. The Employer and/or Liberty Mutual Fire Insurance Company are ordered and directed to pay all reasonable, necessary and directly related medical expenses as a result of the Claimant's February 14, 2002 right shoulder and low back injuries. The Employer and/or Liberty Mutual Fire Insurance Company are ordered and directed to pay temporary total disability benefits, with interest, from February 15, 2002, through and including the date of this Order, based upon an average weekly wage of $400.00. The Employer and/or Liberty Mutual Fire Insurance Company are ordered and directed to continue paying temporary total disability benefits based upon an average weekly wage of $400.00. The Employer and/or Liberty Mutual Fire Insurance Company are ordered and directed to deduct twenty percent (20%) from the payment of all indemnity/wage loss benefits and interest payable, and pay the twenty percent (20%) to A~s~ ~y Hogg. WORKI*.'~' COMPF~q'SATIONJUDGE KHP/tjs LIBC-.475 REV 6-01 Harrisburg, PA 17104 BUILEAU OF WORKERS' COMPENSATION August 6, 2003 www. dli.stat¢.pa.ua The foregoing ia hereby certified to be a true and and correct copy of Judge Karl H. Peckmann' s Decision Circulated May 27, 2003 Steven Fore v. in thecaseof Genco Distribution, BWC #2479541 as full, entire, amd complete as the same remains on file in the Bureau of Workers' Compensation of the Department of Labor and Industry. Certified thin 6th dayof August , 2003 Claims Management Division I hereby certify that Nathaniel M. Holmes , who signed the foregoing, was at the time of signing, Chief, Claims Management Division, Bureau of Workers' Compensation, and as such, was the legal custodian of the above-described records. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the Department of Labor and Industry to be affixed on this 6th dayof August , 2003 Seal of the Department of Labor and Industry Sandra J. Neal