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Ponder v. GMAC Mortgage Corp.12/31/2004
a decree entered on November 21, 2002.
Upon consideration thereof, the appeal of the employer is granted in part and in accordance with the decision of the Appellate Division, the following findings of fact are made:
1. That on May 6, 1997, the employee sustained an injury arising out of and in the course of his employment, connected therewith and referable thereto, of which the employer had notice.
2. That the employee sustained an injury to his low back. 3. That it has not been shown that the employee has sustained an injury to the right leg, it being found that the right leg complaints are of a radicular nature emanating from the low back injury.
4. That the employee's average weekly wage at the time of his injury was Four Hundred Eighty-one and 22/100 ($481.22) Dollars, and his average monthly wages at the time of the work injury were Two Thousand Eighty-five and 29/100 ($2,085.29) Dollars.
5. That the employee has received some benefits under the terms of a pretrial order entered in this matter.
6. That the employee was partially disabled from June 4, 1997 to July 30, 1997, at which time he was physically capable of returning to his regular job duties.
It is, therefore, ordered:
1. That the employer shall pay to the employee weekly benefits for partial incapacity from June 4, 1997 through July 30, 1997.
2. That the employer shall pay all reasonable medical, hospital and surgical bills in accordance with the provisions of the Workers' Compensation Act.
3. That the employer is given credit for any payments made to the employee pursuant to the Pretrial Order and the trial decree entered previously in this matter.
4. That it shall be the duty of the employee to furnish to the employer and/or insurer evidence of the amount of wages earned from any employer other than the respondent in order that the amount of compensation which may be awarded to the employee may be properly computed.
5. That the employer shall pay to Dr. Mark Palumbo an expert witness fee in the amount of Nine Hundred ($900.00) Dollars.
6. That the employer shall pay an expert witness fee to Dr. Robert A. L'Europa in the amount of Three Hundred ($300.00) Dollars.
7. That the employer shall pay to Seth Perlmutter, Esq., counsel for the employee, the cost of taking the depositions of Drs. Palumbo and L'Europa upon proof that said costs have been paid, as well as the cost of obtaining a copy of the deposition of Dr. A. Louis Mariorenzi, upon proof that said cost has been paid.
8. That the employer shall reimburse Seth Perlmutter, Esq., counsel for the employee, the cost of the three (3) witness subpoenas marked Petitioner's Exhibits 6, 7 and 8.
9. That the employer shall pay a counsel fee to Seth Perlmutter, Esq., attorney for the employee, in the amount of Three Thousand ($3,000.00) Dollars, together with Twenty ($20.00) Dollars for the cost of filing the within petition. The award of this fee and costs include those awards made in the earlier pretrial order and trial decree and the employer shall take credit for such payments made under that order and decree.
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