MA Elbow Injury - Workers Compensation
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The employee is a resident of New Hampshire who was working for an employer in Massachusetts when he was injured as he slipped in mud on a work site while loading a truck. As he fell he hit his right elbow on the rail of the truck. He was diagnosed with right lateral epicondylitis, an injury to the right elbow. He continued working in a light duty capacity for several months before the injury became so painful that he could no longer continue. He underwent surgery performed by an orthopaedic surgeon specializing in injuries to the hand, wrist and elbow shortly thereafter. He has undergone extensive physical therapy and was provided a limited work release by his treating surgeon. The restriction placed on him by his physician will prevent him from a return to his employer and limit his return to any employment that requires strength or repetitive use of the injured arm. In addition he has developed symptoms in the left elbow area which are the result of using his left arm as compensation for his right. The injured employee was 42 years of age at the time of the injury. He reported experience as a truck driver, crane operator and in material lay up. He is currently a member of a Labor Union. At the time this case was settled there is no indication of an earning capacity but it was reasonable to assume that an earning or work capacity would be achieved over a short time. The issue of his ability to fully use the right arm is less clear and it may take substantial time for him to return to his pre-injury earning capacity. The case was settled an approved by an administrative judge at the Industrial Accident Board for several years of benefits paid in advance in the form of a lump sum settlement.
