Just as an update, we won *****’s PPD case with the Labor Commission. Much of this success was due to your report, thank you. We intend to wait the 30 days to see if they appeal the Judge's decision, if not we will proceed on filing a PTD claim.
Ruling from Judge:
On November 8, 2016, Dr. Jeffery Clayton noted massive left olecranon swelling, pain and
function loss, including difficulty with hobbies, household chores, shopping, playing with
grandchildren, playing sports and exercising, and loss of job due to pain. [MRE, p. 207) Dr.
Clayton assigned Petitioner's left elbow olecranon injury a 5-6% impairment award using
the Utah Labor Commission's Supplemental 2006 Impairment Rating Guides. Dr. Clayton
described Petitioner's August 24, 2012 left elbow injury as moderate to severe based on
grip strength testing, NIOSH static strength testing, isometric static strength testing, and
muscle tests, all of which demonstrated marked differences between Petitioner's right and
left arm functionality.
In November 2016, Dr. Clayton awarded Petitioner's left arm olecranon condition a S-6%
whole person permanent impairment using the Utah Labor Commission's Supplemental
2006 Impairment Rating Guides.8 Schedule IX of the 2006 Utah Guide states that upper
extremity painful post-traumatic bursitis with moderate to significant swelling and pain
that interferes with some activities should be awarded a 4% whole person impairment.
Schedule IX awards a 6% impairment to pain that interferes or prevents most activities.
Dr. Clayton corroborated the 5-6% award with findings that Petitioner's activities of daily
living were impacted, including difficulty with hobbies, household chores, shopping,
playing with grandchildren, playing sports, exercising, and ultimately his employment. Dr.
Clayton also noted anatomic changes to Petitioner's left arm measured in multiple strength
testing exercises. Dr. Clayton's findings of pain and interference with activities was
corroborated by numerous physicians during Petitioner's four-year treatment history,
including Dr. Anderson, Dr. Walker, and Dr. Wang.
Because Dr. Clayton's opinion awards Petitioner a 5-6% whole person impairment rating,
the Court may address a 5% impairment award without referring the claim to a medical
panel. Dr. Clayton's opinion is persuasive for a number of reasons. Because the award was
rendered in 2016, it reflects Petitioner's four-year treatment his tory. Dr. Clayton's opinion
also contained considerable discussion of Petitioner's le ft arm anatomic changes, physical
impairment and pain, which included multiple tests demonstrating a significant difference
between Petitioner's left and right upper extremities. The Court finds that the evidence
supports a permanent impairment award of 5% whole person for Petitioner's August 24,
2012 left elbow olecranon bursitis. Thus, Petitioner is awarded $***** in permanent
partial disability compensation [$**** x *** x 312 weeks = $*****].