Elias Shymidt V. Eagle Concrete, LLC

The claimant, after injuring his left shoulder and sustaining a bilateral injury to his feet filed a Form 30C. Twenty-eight days after the action, the claimant had not received a return form 43,and he proceeded to file a preclusionary motion. This was denied on the grounds that the claimant’s payment and benefits had begun before the initial filing of the 30C form. Upon appeal, the finding and denial was upheld. The claimant argued, on a material basis, that, because he had sustained two injuries simultaneously he should be compensated for both concurrently. (This can be seen in Pagan v. Carry.) Commissioner Gregg however, found that compensation for his feet had already begun, deeming the claimant’s Motion to Preclude invalid. Applicable in this case are the findings of Gill v. Brescome Barton which follow: concurrent injuries of two separate body parts disabling the claimant from work allow only one benefit for incapacity to be paid at a time. Technically they were in the “safe-harbor” period.

-Caelan Kerin

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