John P. Connolly successfully defended an elevator manufacturer in a case involving an elevator repairman who underwent an arthroscopic repair of the anterior labrum and debridement of the posterior tears of the shoulder.

The petitioner underwent physical therapy, returned to work with restrictions, and eventually was released to full duty.

Prior to trial, the petitioner demanded 45% loss of use of the arm, or $60,052.25.  This matter proceeded to trial regarding the nature and extent of the petitioner’s alleged condition of ill-being.  Although the petitioner testified that he continued to have difficulty in performing his day-to-day responsibilities and needed assistance to perform his job.  Respondent successfully rebutted the petitioner’s allegations with medical evidence as well as the testimony of a co-worker.  Petitioner’s co-worker testified that he did not observe anything unusual or that the petitioner had any limitations in performing his job duties.

 Respondent recommended that the Arbitrator award 22.5% loss of use of the arm.  The Arbitrator, in essence, adopted the respondent’s position awarding the petitioner 25% loss of use of the arm, or $33,362.36.  This resulted in a savings to the respondent/employer in the amount of $26,689.89.