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Congratulations to Attorneys Pete Thill in defending a multiple shoulder injury case where the Claimant was awarded no benefits. In Nelson v. Kraft Heinz Co., File Nos. 5061747/5061748/5067335, the Claimant had a pre-existing condition in the right shoulder. Years later, she reported right shoulder symptoms in July 2017. She was placed on restricted duty for approximately one week and returned to work full duty. The Commissioner found that Claimant proved that she sustained a work-related injury in January 2017, but she failed to prove that she was entitled to any temporary or permanent disability benefits. In June 2017 she alleged she injured her right shoulder again; however, there was no evidence of a work-related injury. Approximately 3 months later, in September 2017, she alleged a third right shoulder injury after waking up with numbness and tingling in her arm and hand. An MRI of the shoulder was taken that showed a full-thickness tear of the anterior distal supraspinatus tendon and a posterior labral tear. Therefore, Claimant underwent right shoulder surgery. The employer requested that a physical therapist come to the work site and observe Claimant’s work duties. Based on those observations, the physical therapist opined that the work duties did not show risk factors that would lead to rotator cuff or labral injuries. The Commissioner found that the Claimant failed to prove that she sustained a work injury in September 2017. As a result, Claimant failed to prove she was entitled to any benefits for any of the three alleged work injuries.
