Carlisle injured worker awarded benefits, despite prior shoulder injury

An injured worker in Carlisle was awarded workers compensation benefits despite a prior shoulder injury.  Here are the facts.

For the sake of a story, let’s say the injured worker’s name is John.  John came to me a few years ago after injuring his shoulder as a truck driver.  Due to that injury, John underwent two different surgeries and I eventually settled his case for over six-figures.  One year after settling that case, John came back to see me, but this time because he injured that same shoulder at a new employer.  Given the pre-existing condition from the previous injury, the new employer, and it’s insurance carrier, denied his worker compensation claim.

I filed a claim petition alleging wage loss benefits and medical benefits for a new injury to his shoulder.  Given the fact his prior work injury was just a year earlier than this injury, the causation issue became the central argument in the new workers compensation case.  The closeness of the two injuries made the case more complex.  On our side, we had to prove that this was a new injury, not a continuance of the old injury.   With these type of cases, we had to prove that there was an aggravation, that John was recovered from the prior injury, or if not recovered completely, that the new injury was different and the symptoms were different.  We were able to do that with John’s testimony and the deposition testimony of the claimant’s treating surgeon.

The Workers Compensation Judge decided in our favor, that the claimant sustained a new work injury, by aggravating his prior shoulder condition.  He granted the claim petition, awarding John weekly wage loss benefits and payment of medical bills related to a shoulder replacement surgery.  John is still receiving benefits today.  Additionally, since that time, I was also able to assist John in getting awarded social security disability benefits.

John is still receiving those benefits today and I may very well end up settling that case in the near future.  For John, that was three cases that I represented him, and he recovered on all three cases.  John knew he could Count on Mooney Law.

If you have been injured at work in Pennsylvania, I can help.  I offer free consultations and I do not get paid on your case UNLESS you get paid.  You can Count on Mooney.  Call today at 717-200-HELP or visit us on the web at

Mark Buterbaugh

Attorney representing injured workers and Social Security Disability clients in Pennsylvania and Maryland.