First National Bank v. Sohn

Powers, J., delivered the opinion of the Court. In September 1974 Daniel J. Sohn, employed as a stockroom clerk by First National Bank in Baltimore, sustained an injury arising out of and in the course of his employment. He went to a hospital clinic for examination and treatment as an outpatient. The injury was reported to be to the left shoulder.

A radiology report stated that there was an avulsion fracture of the superolateral aspect of the left humerus. A recheck some two months later showed an area of slight cortical thickening and bony proliferation with no residual evidence of any loose bone fragment. On his claim filed with the Workmen’s Compensation Commission Mr. Sohn received compensation for temporary total disability until 12 January 1975. In April 1975 a hearing was held on the issue of the nature and extent of the disability.

Mr. Sohn testified briefly. He told the Commission how the injury was sustained, and where it hurt. Report forms showing follow-up visits to the clinic, and reports of examinations by two different orthopedic surgeons, one in February and one in March, were filed. One orthopedic report noted that the trauma was producing a frozen shoulder.

Inspection of the shoulder noted mild deltoid atrophy, tenderness, and limitation of motion. The surgeon said that the symptoms were likely to remain on a more or less permanent basis. He said the injury was consistent with a 10% permanent partial disability of the left shoulder. The other report referred to examination of the left shoulder, and was more specific in stating the degrees of limitation of various motions, and noted loss of tone of the muscles of the left shoulder joint and left arm.

The examiner expressed the opinion that the disability of the left shoulder was 40 per cent permanent. The commission made an award of permanent partial compensation under “Other Cases” amounting to 25% industrial loss of use of the body as a result of the injury to the left shoulder. The employer and insurer asked for a ⁴⁶ rehearing, which was granted. The Commission affirmed its previous award.

The employer and insurer appealed to the Baltimore City Court. On appeal the case was submitted to Judge Basil A. Thomas on the record, a more detailed letter from one of the . orthopedists who had examined Mr. Sohn, and arguments of counsel. Judge Thomas entered an order affirming the order of the Commission. The employer and insurer took this appeal.

We have summarized the evidence before the Commission. The only additional evidence before the court was a letter. It contained these statements, possibly relevant: “* * * the medical diagnosis is post-traumatic subacromial bursitis of the left shoulder with resultant adhesive capsulitis. In lay terms, this is an inflammation of the sac situated between the arm and shoulder blade.

This sac ordinarily acts as a lubricant to allow the bones to glide over one another smoothly without grating against each other. There are many such sacs situated elsewhere in the body. From the injury, this sac became inflamed and tender. Motion of the arm irritated it and consequently the patient did not move the arm through its normal excursion and scar tissue built up in the soft tissue structures about the shoulder joint producing a stiff or frozen shoulder. “* * * ^ iocation of the site of injury is a combination of the arm or portion thereof and trunk or portion thereof since the bursa sac is not part of either, but is actually in between both. “* * * I feel that the percentage of disability reflects a percentage of the arm alone or portion thereof. “* * *