NH Machinist Injured in Commercial Lathe
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CASE SUMMARY:
The injured employee is a married man and recently turned 65 years of age. He is a resident of New Hampshire. He had worked as a machinist for the majority of his adult life and was working as a machinist in a Gloucester Massachusetts factory at the time of this devastating injury. It was his intention to continue working for as long as he would have had the ability to do so, at least into his seventies.
At the time of the injury the employee was performing work in the normal course of his employment on a commercial metal lathe manufactured by Tarnow. An investigation into the potential for a third party claim is ongoing. During the course of the turning operation his left sleeve was grabbed by the spinning material and he was pulled into the machine. The machine continued to operate with his upper body pulled inside until a co-employee observed the scene and shut the machine down. By then the he had sustained catastrophic injuries. Other employees supported his head and neck while the machine was dismantled and lifted off of him with a crane so that he could be extricated and transported by helicopter medflight to a major Boston hospital.
The employee suffered the following injuries:
1. Traumatic laceration of the left ear with partial avulsion and exposed cartilage
2. Left Humerous fracture with dislocation
3. Left Scapula fractures (comminuted)
4. Left Clavicle fractures
5. Fractures left third, fourth, fifth, sixth and seventh ribs
6. Pleural effusion, compressive atelectasis of left lower lung, subcutaneous emphysema
7. Left Transverse Process fractures L2, L3 and L4
8. Injury to Cervical Spine
9. Dislocated Right Biceps Tendon (surgery pending)
10. Axillary nerve lesion left shoulder (surgery 6/19/07)
11. Post traumatic tumor formation, right UE (surgery pending)
The injured employee has undergone multiple surgeries with some success for increased function. He is due to undergo additional surgery for the tumor that has developed in the right arm and the repair of the Biceps Tendon in the right upper extremity. Records indicate severely decreased range of motion, muscle wasting in the left shoulder and arm as well as continued pain in multiple body parts. He tires quickly with any physical exertion and continues on total disability status.
VOCATIONAL STATUS:
The employee is 65 years of age. He had planned to continue working well into his seventies as a machinist, the only occupation he has known. He holds a high school diploma but no additional formal education. At this point he demonstrates no work capacity and given the extent of his multiple injuries and the pending surgeries vocational assistance would appear unreasonable. More likely, the injured employee would be considered unsuitable for vocational rehabilitation by OEVR. It is our contention that he is totally and permanently disabled.
CONCLUSION:
The injured employee was qualified for social security retirement and the case was settled for a six figure sum with the employer’s insurance carrier. The insurance carrier paid all medical bills and will continue to pay medical bills for the rest of the employee’s life.
