Todor v. Northland Farms, LLC, 2008 ACO # 153
The Plaintiff suffered a work-related rotator cuff tear at Northland Farms, LLC that prevented him from performing all jobs within his qualifications and training with the exception of one prior job that he performed at Zelenka Nursery. The Magistrate specifically found that the only reason the Plaintiff could not perform this prior job at Zelenka Nursery was because of non-work related degenerative disc disease.

The claimant did establish a compensable disability due to the rotator cuff tear, and on that basis, the Magistrate awarded wage loss benefits, despite the fact that it was claimant’s non-work related back condition, not the claimant’s shoulder injury that prevented him from performing the job at Zelenka Nursery. The Magistrate did not address the issue of wage loss and determined that the claimant was disabled because the job at Zelenka paid less than his maximum earning capacity; said wages were earned at the Defendant, Northland Farms, LLC.

On appeal, Bleakley, Cypher, Parent, Warren & Quinn argued that the Plaintiff was not entitled to wage loss because his inability to perform the job at Zelenka was due to a non-work-related degenerative disc disease.

The Appellate Commission reversed the decision of the Magistrate, remanded for further analysis, and specifically required the Magistrate to determine the amount of wage loss attributable to his shoulder injury. The case remains on remand at this time.