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Home My WebLink About04-0170IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLADIZ KINYON, : : Plaintiff : .. V. .' : ROSS STORES, INC., : : Defendant : .. .. .. To: Ross Stores, Inc. NOTICE Civil Action - Law No. YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must firt take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing a writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 The Court of Common Pleas of Cumberland County, Pennsylvania is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the office of the Court Administrator. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Brian J Puhala, Esq, PA52677 Hait & Puhal~ P.C. The Wellington 17 E High St RTE 101 Carlisle, PA 17013-3047 ( 717) 249-4500/263 -7444 249-2411 (f~x) Attorney for Plaintiff GLADIZ KINYON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. i Civil Action - Law ROSS STORES, INC., i No. Defendant I PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT PURSUANT TO SECTION 428 OF THE WORKERS' COMPENSATION ACT, 77 P.S. §921 Pursuant to section 428 of the Workers' Compensation Act, 77 P.S. 921, enter judgment against Defendant in the amount of $30,000.00, plus continuing compensation as provided by the Workers' Compensation Act, together with interest from 11/10/2003, as specified by section 406.1 of the Workers' Compensation Act, based upon the following: On 11/10/2003 WCJ Francis Williamson issued a Decision in a Reinstatement Petition granting said petition and awarding Plaintiff wage loss benefits at a weekly rate of $288.36 retroactively commencing on September 24, 2002 ongoing with applicable statutory interest. Defendant was also ordered to pay continuing medical expenses; litigation costs totaling $1,769.45; and, attorney's fees totaling $3,237.50. A certified copy of that order is being filed concurrently with this Praecipe. 2. Defendant did not appeal the decision By operation of section 428 of the Workers' Compensation Act, Defendant is in default for failing to reinstate compensation for total disability within thirty (30) days of the date of the decision of the Workers' Compensation Judge. Respectfully submitted, Hait & Puhala, P.C. By Brian J Puhala PA52677 The Wellington 17 E High St STE 101 Carlisle PA 17013-3047 (717) 249-4500 AFFIDAVIT I verify that I have personal knowledge of all facts not of record set forth in the foregoing Praecipe, and that such facts are true and correct, to the best of my knowledge, information, and belief. I acknowledge that any false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Date l'/l~/O y Brian J Puhala R~ceive~ BWC 2003-11-13 LTR-005 RE¥ 0~10~10~ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY laUREAU OF WORKERS' COMpI~'NSAT[ON Circnlaflon Date: 11/10/2003 FRANCIS WILLIAMSON H/LP~ISBURG JUDGES OFFICE EAST GATE CENTER ~010 NORTH SEVENTH STREET HARRISBURG PA 17102-1400 DECISION RENDERED COVER LETTER Bm-eau Claim Number: 2351971 Insu~r Claim Number: 011477006459WC01 Petitions: Pet-To Reinstate Compensation Benefits GLADIZ KINYON 1031 CRANSGAP ROAD CARLISLE, PA 17013-0000 BRIAN J PUHALA ESQ HAlT & PUHALA PC THE WELLINGTON STE 101 17 E HIGH ST CARLISLE, PA 17013 ROSS STORES INC 1707 SHEARER DRIVE CARLISLE, PA 17013-0000 FRANCIS P FITZSIMMONS, ESQUIRE POST & SCI-I-ELL PC PO BOX 10248 LANCASTER, PA 17605-0248 ~ .A~RICAN INTERNATIONAL ADJ CO PO BOX 499 E$SINGTON, PA 19029-0499 G;,I.I AGHER BASSETT SVCS SONYA LUCAS B FLOWERS DR IV~CHANICSBURG, PA 17050 Judge: Fnmcis Willia.mson East Gate Center 1010 North Seventh Street HarrisburR, PA 17102-1400 DECISION The attached Decision of the ludge is final unless an appeal is taken to the Worl~rs' Compensation Appeal Bcmrd es provided by law. 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/nclud/ng the date of this notice. Forms for an app~al may be obtained f~om the Workers' Compensation Appeal Bo~d, Capi~ ~i~ B~fld~g 901 No~ S~en~ S~t ~ Floor Sou~ H~b~, PA 17102 [] OPEN CLOSED ---]SUSPENDED { [] UNKNOWN TO WCJ Pase 1 of 2 Recmived BWC 2003-11-13 Olad~ F~nyon C-01 NOIqCE OF COMPENSATION PAYABLE C-02 STATEMBNT OF WAGES C-03 NOT~ICATION OF SUSPENSION C-04 FEE AGREEMENT C-04 DEPOSITION OF STEPHEN W DAILEY, M.D. APRIL 16, 2003 C-05 DEPOSITION OF STEPHEN W DAILEY,. MD (APRIL 16, 2003) EMPLOYER Witnesses & Exl!ibits: D-01 COPY OF UNEMPLOYMENT COMPENSATION BENEFITS D-02 PACKET OF COPIES OF UNEMPLOYEMENT CHECKS D-03 DEPOSITION OF DR. MITRICK DATED JULY 31, 2003 OTHlC~R Witnesses & Exhibits: LETTER TO MR. FITZSIMMONS FROM THE DEPARTMENT OF THE ARMY GLADIZ KINYON - 2351971 3/10/2003 09:05:00 Held 1/13/2003 11:30:00 Held 11/13/2002 14:10:00 Held Page 2 of 2 Received BWC 2003-11-13, · 3 Gladiz Kinyon Reinstatement PABWC Claim #2351971 Page 1 of 4 RECORD: 1. On October 15, 2002, the Claimant filed a Petition to Reinstate Compensation Benefits seeking total disability benefits as of September 24, 2002. The Petition alleges that the Claimant's inju~ is causing decreased earning power and that her production fell off due to the work injury and as a result, the Defendant terminated her. 2. Defendant filed a timely Answer to this Petition. FINDINGS OF FACT: 1. On July 17, 2001, the Claimant, Gladiz Kinyon, sustained an injury in the nature of a trigger left thumb and left middle finger tenosynovitis. Defendant, Ross Stores, recognized this injury as compensable pursuant to a Notice of Compensation Payable. At the time of Claimant's injury, her average weekly wage was $320.40, gelding a compensation rate of $288.36. However, pursuant to a Notification of Suspension or Modification filed on February 15, 2002, the Claimant's benefits were suspended effective February 12, 2002 because she had returned to work on light duty at earnings greater than or equal to her lime of injury earnings. 2. Claimant continued to work her regular duties through the summer of 2001 until January 22, 2002, when she had surgery on her left hand for her work-related injury. 3. Claimant returned to work on light duty in February 2002. 4. Claimant returned to full duty in June 2002. Her full duty job was to attach tickets to clothing holding the ticket in her left hand and using a gun with her left hand and using a gun with her right hand. Claimant had to work under a quota. 5. When Claimant began working her full-duty job again in June 2002, she began having problems with her left hand and was not able to meet her quota. Claimant advised Mike Grimes, Patty Rittner and Patty Blinker of her difficulties. 6. Claimant tried to see Dr. Dailey, but could not get an appointment until early October 2002. Received BWC 2003-11-13 Gl~diz Kinyon Reinstatement PABWC Claim #2351971 Page 4 of 4 CONCLUSIONS OF LAW: 1. The parties arc bound by the provisions of thc Pennsylvania Workers' Compensation Act, as amended. 2. Claimant has sustained her burden establishing that through no fault of her own her earning power was adversely affected by the work injury of July 17, 2001, and that the injury continues. ORDER: 1. AND NOW on this 31~t day of October 2003, the Claimant's Reinstatement Petition is granted. 2. Defendants shall pay Claimant for wage loss benefits at a weekly rate of $288.36 retroactively, commencing on September 24, 2002 and ongoing with applicable statutory interest. 3. Defendant shall pay Claimant's medical expenses past, present and ongoing. 4. Defendant shall pay Claimant's litigation expenses totaling $1,769.45. 5. Defendant shall pay Claimant's counsels quantum memit fees totaling $3,237.50. 6. Defendant is entitled to a credit for Claimant's unemployment compensation benefits. FRWJr./sf Francis R. Williamson, Jr. WORKERS' COMPENSATION JUDGE Harrisburg District Office Hax~butg, PA 17104 BUREAU OF WORKERS' COMPENSATION January 6, 2004 The foregoing is hereby certified to be a true and and correct copy of Judge Francis Williamson' s Decision Circulated November 10, 2003 Gladiz Kinyon v. intheru~of Ross Stores Inc., BWC #2351971, D/I 7/17/01 as full, entire, and complete as the same remains on file in the Bureau of Workers' Compensation of the Department of Labor and Industry. Certified ~is 6th doyof January , 2004 Chief Claims Management Division ATTEST: 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 January ,2004 Seal of the Department of Labor and Industry ~ Sandra~: Neal IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GLADIZ KINYON, , Plaintiff i Civil Action - Law ; No. 04-170 Civil Term ROSS STORES, INC., , Defendant SATISFACTION OF JUDGMENT TO THE PROTHONOTARY: Please mark the judgment in the above matter entered on January 13, 2004 as satisfied. For the Plaintiff: HAIT & PUHALA, P.C. Dated: By: Brian J Puhala Atty ID 52677 The Wellington 17 E High St STE 101 Carlisle PA 17013-3047 (717) 249-4500 CERTIFICATE OF SERVICE I certify that a tree and correct copy of the foregoing document was served upon the following person(s) by placement of same in the United States Postal Service, first- class postage prepaid on the date appearing below: Francis P. Fitzsimmons Esq Post & Schell, P.C. 1857 William Penn Way P.O. Box 10248 Lancaster PA 17605-0248 By: Brian J Puhala Dated: