JOHN A. PALCICH, Employee,
v.
USX CORP., SELF-INSURED, Employer/Appellant.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
April 20, 1999
HEADNOTES
PERMANENT
PARTIAL DISABILITY - SUBSTANTIAL EVIDENCE. The
compensation judge's old law rating of permanent partial
disability for the employee's 1978 work injury is
supported by substantial evidence and is not clearly
erroneous.
Affirmed.
Determined by: Hefte, J., Wilson, J., and Pederson, J.
Compensation Judge: Donald C. Erickson
OPINION
RICHARD C. HEFTE, Judge
The
self-insured employer appeals from the compensation
judge's finding that the employee sustained a 75%
permanent partial disability rating to his right upper
extremity as a result of the employee's work injury which
occurred in 1978. We affirm.
BACKGROUND
John A.
Palcich, the employee, has been employed by USX Corporation,
the self-insured employer, for some 27 years. On
September 7, 1978, the employee suffered an admitted
work-related right shoulder and arm injury. At the time
of his injury the employee worked as a pit laborer in a
warehouse of the employer doing repeated lifting, especially
overhead work. The employee sustained a severe
dislocation of his right shoulder as a result of his work
injury.
On
October 10, 1978 the employee underwent right shoulder
reconstruction surgery. Following his recovery from
surgery, the employee was assigned to work in the
employer's electrical department. Dr. E. Harvey
O'Phelan reported in 1991 that the employee
"continued to work although it was necessary for him to
perform lighter duties." The employee testified
that after his work injury he could not return to his
pre-injury job. The employee's post-injury job was
"scaled down" so that the employee's main
duties were the sorting of small packages and keeping logs of
supplies on a computer. In this job he lifted smaller
objects and was able to get help from his fellow workers with
the lifting of larger items. The employee admits that
the self-insured employer accommodated his work duties due to
his injury after his surgery and that he was able to work
full time. Based on the disability schedules in effect
as of the date of the employee's injury, the employee was
initially paid workers' compensation benefits for a 15%
permanent partial disability rating of the right
arm. Later, based on a 1991 independent medical
examination by Dr. Litman, the employee was paid benefits for
an additional 20% rating, or a total of 35%, for his right
arm and shoulder disability.
The
employee testified he has pain in his shoulder and arm every
day. He testified that his shoulder dislocates two or
three times a year. This is accompanied by increased
pain, as well as swelling and numbness down the
employee's right arm. The employee is able to reduce
these dislocations himself by laying on his back and making
circular motions with his arm until he gets his shoulder back
into the socket. The employee testified that he is
unable to lift with his right arm. He is only able to
use his right arm by positioning his left...
