AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• A housekeeper employed at Miners’ Colfax Medical Center sustained an injury during a break when a co-worker jokingly grabbed her by the shoulders, lifted her off the ground, resulting in significant spinal injuries. The worker underwent surgery for cervical spine fusion and discectomy due to the injuries sustained from this incident (paras 2-3).

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Worker-Appellee: Argued that the injury was compensable as it occurred in the workplace during a break, and she was a non-participant in the incident. The worker also contended that the impairment rating assigned was correct and supported by substantial evidence (para 1).
• Employer/Insurer-Appellants: Contended that the worker's injury was not compensable, challenged the correctness of the impairment rating given to the worker, and disputed the reduction of the statutory credit for disability insurance paid partially by the employer (para 1).

Legal Issues

• Whether the worker's injury was compensable under the Workers’ Compensation Act.
• Whether the impairment rating given to the worker was correct.
• Whether the reduction of the statutory credit due to the employer for disability insurance paid for partially by the employer was proper.
• Whether an employer is entitled to full credit for disability benefits paid to a worker when the worker has paid a portion of the premium (paras 1, 15-20).

Disposition

• The court affirmed the order of the Workers’ Compensation Judge (WCJ) on all three issues, concluding that the worker's injury was compensable, the impairment rating was supported by substantial evidence and therefore proper, and that the employer is not entitled to an offset for the percentage of disability benefits paid for by the worker’s premium contributions (para 1).

Reasons

• JAMES J. WECHSLER, Judge (JONATHAN B. SUTIN, Judge, TIMOTHY L. GARCIA, Judge concurring): The court found substantial evidence supporting the WCJ’s finding that the worker was a non-participant in the incident, making her injury compensable under the Workers’ Compensation Act. The court also found that the impairment rating was supported by substantial evidence, particularly the uncontradicted testimony of Dr. Christopher Patton, who attributed the worker’s conditions to the workplace incident. Regarding the apportionment of disability benefits, the court held that the employer is only entitled to an offset for the portion of disability benefits paid for by the employer’s premium contributions, aligning with the statute’s intention to limit offsets to benefits provided solely by the employer (paras 4-20).