The Iliad and the IAB…Plus the value of a scrotum
Once in a while a case comes along so distinctive, so unique, so noteworthy, that the wordsmith struggles to do it justice. Whether it is sheer length of a 187 page decision, the fact Joe Andrews is representing the Claimant (along with Taylor Trapp), the unique situation of a 3-member Board Panel (so as to eliminate the risk of a stalemate), or the painful fact the hearing took 3 days, this is definitely one for the record books.
You really have to read this decision yourself. The best I can do for y’all is summarize the takeaways. It is a desk book (think Larsen’s) in itself for any number of wonderful propositions.
The case: Richard Seeney v Marvel Construction, IAB # 1504254 (July 20, 2021)
The procedural posture:
DACD for recurrence of TD from 4/25/2002 ongoing
DACD for disfigurement
DACD for PPD for thoracic, right leg, left leg, right 4th toe, right 5th toe, bladder, bowel, sexual dysfunction, lumbar spine
DACD for PPD to skin for de cubitus and related medical
DACD for permanent total and PPD for urination, right kidney, left kidney, scrotum, skin, skeleton, blood, left arm, right arm, cardiovascular system, autonomic nervous system, chest wall, central nervous system
The above Petitions were consolidated with the Disfigurement to be held at a later date when Claimant could be safely transported to the DOL for an in-person viewing.
Defenses of the Employer included voluntary retirement/removal from the labor market as of 2002, as well as laches, waiver and estoppel as to the TTD and PPD claims.
There was a request for fines to be assessed against the Carrier/Employer.
On to the various holdings of interest:
A scrotum is worth 140 weeks
The Skeleton/Metabolic Bone Disease is worth 300 weeks
The Autonomic Nervous system is worth 300 weeks
The Cardiovascular System is worth 300 weeks
The Blood/Hematopoietic System is worth 300 weeks
The Trunk/Central Nervous System is worth 300 weeks
The Skin/Peripheral Nervous System is worth 300 weeks
For PPD purposes, each Kidney is a separate body part and each is worth 150 weeks
Where there is an award of 100% for Bladder, there is no separate award for Penis as a urinary conduit
Where there is already an award of 100% for loss of use of leg, there is no separate award for toes amputated later
The Board will not award prospective medical treatment not yet actually prescribed (such as a lump sum based on a Life Care Plan)
Where a claim is filed within the applicable SOL, a defense of laches is likely not going to hold water
Discussion of applicability of Section 2334
An award of 4 separate attorneys fee in the max amount of $11,969.40 each for a total attorneys fee assessment of $47,877.60
An award of ongoing TTD retroactive to April 25, 2002
Example of a Section 2326 (e) total disability
Example of a Three-member IAB Panel
This matter was comprised of three full days of video hearing in accordance with the IAB Covid-19 protocol at the time. Deliberations concluded on July 12, 2021 and the 187-page decision was issued on July 20th. Props to Hearing Officer Julie Bucklin for extraordinary diligence in the line of service in writing up this mini-treatise in roughly one week.
I used to think my favorite posts were “Defecation Syncope” or “The Jenny Craig Poster Girl.” This one trumps them both. Way to go Joe and Taylor, in representing an individual who was turned away by countless practitioners. You can laugh all the way to the bank.
Irreverently Yours,
Cassandra Roberts
