A Phladelphia union worker injured his shoulder while performing his job duties as a sprinkler-fitter in 2008. He continued to work his regular job, but never regained full use of his shoulder. He sustained a second work injury later that same year, but continued to work up through November of 2008. But for brief returns to work to keep his union benefits current, the injured worker has remained out of work since November or 2008 because of injury. Although the employer accepted the injuries, the employer used a medical-only Notice of Compensation payable (NCP). By issuing a medical-only NCP, the employer basically agreed to only pay for medical expenses and not for any non-medical losses, such as lost wages. Samuel H. Pond filed Petitions for both injuries. Mr. Pond also requested penalties based on the employer’s use of a medical-only NCP in light of the injured worker’s ongoing wage loss. Both Claim Petitions were granted by a Philadelphia area Workers’ Compensation Judge. Mr. Pond established that the injured worker was forced to stop working because of the second work incident, and obtained wage loss benefits dating back to November of 2008. The Workers’ Compensation Judge also awarded penalties after finding that the employer had no factual or medical justification to deny wage loss benefits to the injured worker when he stopped working.
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