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Home My WebLink About01-6354TONY NOEL, Plaintiff CARLISLE TIRE WHEEL CO., Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. o - agS' : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Pursuant to the attached certified copy of Workers' Compensation Judge's Decision, enter judgment against the Defendant in the amount of $20,804.33. Pursuant to 77 P.S. § 921 and 951, judgment may be entered by the Prothonotary against the Defendant for the entire balance payable under the award of the Workers' Compensation Judge. Date Daniel Stem, Esquire 2650 N. Third St. Harrisburg, PA 17110 (717) 234-4531 Attorney for Plaintiff Received BWC 2001-10-05 LTR'-O0$ REV 09/05/00 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY BURF~U OF WORKERS' COMPENSATION 717-783-4419 Cireulntion Date: 09/13/2001 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 N'~W GERMANTOWN, PA 17071-0000 Judge: Charles Clark East Gate Center 1010 North Seventh Street Harrisburg, PA 17102-1400 i DANI~L STERN ESQ 2650 N THIRD ST HARRISBURG, PA 17110 CARLISLE TIRE WHEEL COMPANY 621 NOR'I~I COLLEGE STREET CARLISLE, PA 17013-0000 DENNIS CULLEN, ESQUI2~E CIPKIANI & WERNER ' 1017 MUMMA RD L£MOYNE, PA 17043 AMERICAN INTERNATIONAL ADS CO PO BOX 499 ESS~GTON, PA 19029-0499 COMMONWEALTH OF PENNSYLVANIA BWC LEGAL DIV ' 1171 S. CAMERON STREET ROOM 327 HARRISBURG, PA 17104-2501 The attached Decision of the Judge is f'mal 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 thc Workers' Compensation Appeal Bored w~thl. 20 days from but not/ncluding the date of this notice. Forms for an appeal may be obtained from the Workers' Compensation Appeal Board, Capital Assockates Bvilding 901 North Seventh Street Third Floor South Hanisburg, PA 17102 [--~OPEN ~ CLOSED N-]SUSPENDED /--] UNKNOWN TO WC/ ReceiVed BWC 2001-10-05 Employee Witnesses & Exhibits: Tony Noel C-01 Fee A~eement C-02 Packet of Medical Reports and Records Employer Witnesses & Exhibits: Karen Longenecker D-01 Letter Dated 4/16/2001 D-02 Report of Dr. Baker D-03 Statement of Wages Joint Counsel Witnesses & Exhibits: $-01 Stipulation of Facts Hearings: I0/10/01 09:30:00 Canceled 6/6/01 10:30:00 Held 2/28/01 14:00:00 Held 7/18/00 10:30:00 Held by Employer Counsel on 09/12/01 TONY NOEL - 2163870 2 Received BWC 2001-10-05 3 TONY NOEL Bureau Claim #2163870 Claim/Penalty Page 1 of 1 RECORD: This matter arose when Tony Noel, here'mafter 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 Fo~ma 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. Charles F. Clark Workers' Compensation Judge CFC/bem September 13, 2001 ReceiVed BWC 2001-10-05 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 Claimant, Vo CARLISLE TIRE AND WHEEL 621 NORTH COLLEGE STREET CARLISLE, PA 17013 Defendant/Employer, and AIG CLAIMS SERVICE, INC. P.O. BOX 499 ESSINGTON, PA 19029-0499 Insurance Carrier. : SSN: 198-42-8728 Date of Injury: 01/03/2000 Claim Petition The Honorable Charles Clark STIPULATION OF FACT 1. The Claimant filed a Claim Petition alleging that, on Janua.~! 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 Received BWC 2001-10-05 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 Mamh 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 pursuanttoAct44. See attached footuote to this Para§raph 8. Recek, ed 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 Stem, Esquire, and the Defendant/Employer is authorized and directed to deduct the~ same from the lump sum payment in this matter and pay attorney fees directly to Attorney Stem. 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 pending before the Honorable Charles Clark. Recetved BWC 2001-10-05 7 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. TONY:~OEL, ~;laima~nt - DATE: DANIEL STERN, ESQUIRE Attorney for Claimant JA~DN BORNS, ESQUIRE Attorney for DefendantJEmployer · ReceiVed BWC 2001-10-05 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 ~reaiment of the Claimant's neck following the date of injury and before the date of this Stipulation, including but not necessarily limited to an MRI 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. 9 Received BWC 2001-10-05 PAUL J. GITNIK & ASSOCIATES, LLC ATTORNEYS AT LAW Paul J. Gitnik Centre 1201 Broughton Road Pittsburgh, Pennsylvania 15236-3451 Telephone: (412) 653-8702 E-mail: associates~ gitnik, com Facsimile: (412) 655-8721 August27,2001 Daniel Stern, Esquire 2650 Noah 3rd Street Harrisburg, PA 17110 Re: COMP I Patient: Noel, Tony Contract No.: 19842.6729 Date of Injnry: Jan.03, 2000 Dear Mr. Stern: As you are aware, this law firm 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 part>', it rnay be in the best interest of all parties involved, for this firm to coordinate COMP I's contrantual and equitable interests through the patient's legal counsel. Accordingly, we are authorized to request that you represent our client, COMP I, through Paul $. Gitnik & Associates, LLC, in connection with COMP 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 tho contingent fee nature of this representation, no fees shall be payable in the event of revocatian. 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 COMP l's subrogation interest must be submitted to this firm 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 COMP 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 COMP I Record of Claim Payments prior to the final settlement and/or resolution of this case with our law firm. · ReceiVed BWC 2001-10-05 PAUL J. GITNIK & ASSOCIATES, LLC Daniel Stem, Esquire August 27, 2001 Page Two If this arrangement is acceptable to you and your client and you agree to assert COIVlP l'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 Paul J. Gitnik PJG/mz 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. Daniel Stem, Esquire Date *COMP I is a joint venture of Capital Blue Cross, Blue Cross of Northeastern Pennsylvania and Pennsylvania Blue Shield, COMP s contractual subrogation I en s separate and distinct from that of IVledieare and/or any other Blue Cross and/or Blue I ' Shield Plan. LIBC-475 REV 6.01 Harrisburg, PA 17104 BUREAU OF WORKERS' COMPENSATION October 25, 2001 www. dli.smm.pa.us 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 ease 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 Workers' Compensation of the Department of Labor and Industry. Certified this 25th dayof October , 2001 Chief Claims Management Division I hereby certify that Laura g. Kal 1 ~r , who signed the foregoing, was at the time of si~nina, Chief, Claims Management Division. Bureau of Workers* Compensation, and as such, was the legal custodian of the above-described records. Sea; of the Department of Labor and Industry 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 25th dayof October , 2001 Sandra (Oz.. Nea~