BCM Law, P.C. Secures Favorable Decision Resulting in No PPD Award and No Causal Connection

August 2025

Andrea M. Carlson

BCM Law, P.C. Partner, Andrea Carlson, recently secured a favorable Arbitration Decision finding no causal connection and denying permanent partial disability benefits. The claim involved an ultrasound technician who alleged a work-related injury against her employer, a suburban hospital.

Petitioner alleged on the date of accident, she went to secure fresh linens for her ultrasound examination room from a locked, linen closet. As she used her outstretched left arm to push the door open, she described a pulling sensation at the top of her left shoulder. She sought treatment with an orthopedic physician. An MRI secured approximately two weeks post-injury revealed a partial tear involving the supraspinatus tendon area of the shoulder. Surgery was recommended to address the tear. Respondent secured a Section 12 independent medical examination denying causal connection and all benefits were denied. Nonetheless Petitioner underwent surgery and follow up treatment. She did eventually complete treatment for the left shoulder but continued orthopedic treatment for non-work related conditions

At trial, petitioner’s attorney sought an award of 15% loss of person as a whole, 65 weeks of TTD benefits, and payment of outstanding medical bills related to the left shoulder arthroscopy, manipulation, and follow up visits.

As the result of a thorough investigation into petitioner’s pre-injury medical treatment, Ms. Carlson was able to present evidence at trial that petitioner had actually been actively treating for her left shoulder complaints prior to the date of accident. This treatment included office visits, therapy, and diagnostic imaging. Petitioner was actively treating as recently as a week before the date of accident. MRI imaging of the left shoulder was ordered and secured by her treating physician approximately one month prior to the accident. The Arbitrator also noted as significant the fact that petitioner’s treating orthopedic physician had recommended left shoulder surgery two weeks before her work injury. However, petitioner declined at the time and advised she would prefer to wait until the next year to undergo the procedure.

Petitioner secured deposition testimony from two treating orthopedic physicians. Both physicians testified that petitioner’s partial tear was related to the work injury. On cross examination by Ms. Carlson, both physicians were unable to confirm if they had reviewed petitioner’s pre-injury treatment records and importantly, could not confirm if they had reviewed the pre-injury diagnostic imaging.

Conversely, Respondent’s Section 12 examiner was able to credibly testify that he reviewed petitioner’s pre-injury treatment records related to the left shoulder and compared her diagnostic imaging from one month pre-accident against the imaging of the left shoulder secured 2 weeks post injury. Respondent’s Section 12 examiner testified that the MRI imaging did not demonstrate any structural change in the shoulder that would have occurred as a result of the alleged accident. Specifically, the tear appeared to be the same as it was a partial thickness tear before the accident and remained a partial thickness tear post-accident.

The Arbitrator highlighted that petitioner was not working without issue prior to the accident. She had taken time off work due to the shoulder and was undergoing active physical therapy. Treatment records submitted into evidence documented petitioner advising her doctors that she continued to work through her left shoulder pain. Petitioner’s pre-accident physical therapy records supported ongoing complains of left shoulder pain, which largely remained the same following the work injury. Furthermore, the Arbitrator found the opinions from petitioner’s treating physicians unpersuasive based on their lack of review of all of petitioner’s treatment records and diagnostic imaging.

Ultimately, the Arbitrator limited petitioner’s compensable injury to a temporary aggravation of the left shoulder but concluded that petitioner’s current condition was not causally related to the work injury. While the Arbitrator did order four weeks of TTD benefits and medical bills related to the initial follow up treatment in the four weeks post injury on this basis; most significantly, the Arbitrator awarded no permanent partial disability (PPD) benefits. This decision resulted in savings of approximately $137,000.00 for the Respondent.