Post-concussion syndrome workers’ compensation claim dismissed.
We successfully defended a machine shop in the litigation of a claim petition involving post-concussion syndrome. The claimant was struck in the head with a wrench while repairing a machine for the employer. The carrier accepted a head laceration by way of medical only notice of compensation payable. The claimant was treated for a laceration to the side of his head and released to return to work. Several months later, he was taken out of work by his treating neurologist for symptoms allegedly related to post concussive syndrome. The claimant then returned to modified duties within new work release restrictions. He abandoned that job several weeks later, alleging he was totally disabled due to post concussive syndrome. We presented surveillance evidence demonstrating the claimant’s ability to perform all activities of daily living. A nationally renowned neurologist testified that, while the claimant suffered a mild concussion at the time of injury, he did not suffer from post concussive syndrome and was fully recovered. The claimant’s co-workers testified that they observed the claimant after the injury, and the claimant was able to continue working with no signs of post concussive problems. We cross examined the claimant, and it was discovered that he was performing work duties on his own in the carpentry field, despite alleging he was totally disabled. The workers’ compensation judge opined that the claimant’s injuries were limited to the head laceration and mild concussion, and then concluded that those injuries had fully recovered. The claimant was due no additional workers’ compensation benefits other than what he had already received. The claim petition for disability was dismissed.