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3.07.2012

Howd & Ludorf, LLC Wins a Motion to Dismiss a Claim for an Overuse Injury at a Formal Hearing

Jozef Puckowski v. Town of Berlin – Board of Education

We have successfully defended a claim by Joseph Puckowski for a left shoulder rotator cuff tear claimed to be related to an underlying compensable right shoulder injury while employed by the Town of Berlin Board of Education as a custodian.  The claimant claimed overuse of the left shoulder asserting that he abused his left arm as a result of the right arm injury.  The Workers’ Compensation Commissioner, Peter Mlynarczyk, agreed that the claimant did not provide credible evidence that he “abused” his left upper extremity following the right shoulder injury.  The Commissioner further agreed with our position that the Respondent’s Medical Examination and the Independent Medical Examination doctors were more credible than the treating doctor on the issue of causation, and therefore, the Commissioner dismissed the claim for the left upper extremity.

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