Date of Verdict or Settlement: N/A
Court and Case Number: Cmwlth. Ct. No. 3441 C.D. 1996
Judge: Michael Hetrick.
Type of Action: Workers' Compensation
Injuries: Radial nerve entrapment syndrome of left arm.
Plaintiff(s) Attorney(s): G. Lawrence DeMarco, LLM, Philadelphia
Defense Attorney(s): Thomas Lowry, Philadelphia
Plaintiff(s)' Expert(s): John K. Mariani, D.O., Turnersville, New Jersey. Defense Expert(s): A Lee Osterman, M.D., Philadelphia.

Comments:

John Galvin worked as a mailer for the Philadelphia Inquirer, where he was required to lift, pull, stack and load newspapers onto trucks. He claimed he injured his left arm while he was loading papers and that the pain it caused him gradually grew worse over time. He claimed the pain eventually got so bad he had to stop working and filed a claim petition. The Inquirer claimed it did not have to pay the claim because it was barred by the statute of limitations. Galvin said he had been treated at the Inquirer's dispensary for elbow pain at least six times and his expert said he diagnosed Galvin's condition as stemming from repetitive motions associated with his work duties. The expert also said Galvin had not responded well to post operative treatment and could not return to his former job at the Inquirer. The Inquirer's expert testified he could not identify any link between Galvin's radial nerve entrapment and his work-related injury. The Workmen's Compensation Appeal Board denied Galvin's claim but the Commonwealth Court reversed. The Inquirer filed a petition for review but an administrative law judge denied it and awarded a 20% penalty on Galvin's petition.