 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Wheeler v. Civil Service Commission11/20/2002
Andrew Wheeler appeals from an order of the Court of Common Pleas of Philadelphia County that affirmed the decision of the Civil Service Commission (Commission) of the City of Philadelphia (City) concluding that any disability Wheeler suffered after October 5, 1988 was not related to his work- related injury of March 11, 1988. Wheeler questions whether the City met its burden of proof that he was fully recovered from his injuries and whether there was substantial evidence of record to sustain a finding that he was fully recovered from the injuries he sustained because of his work-related accident.
Wheeler's duties as an inspector with the City's Department of Health included inspecting houses and commercial establishments for health code violations that could lead to rodent infestations. On March 11, 1988, while he was going downstairs to the basement of a house, a step broke and his foot and lower leg went through, and he suffered injuries including a visible contusion and edema to his lower left leg. His supervisor sent him to the Compensation Clinic where x- rays were taken. He returned to work on Monday March 14, and he was seen again at the clinic on March 15 and 17. He was instructed to return to work on March 21, but he returned to the clinic. He was seen by Dr. Parlin, who stated that the problem was not job-related. Wheeler testified that Dr. Sewell, after talking with Dr. Laukus, sent him back to work. However, when he returned to work he could not do the job and went back to the clinic on April 1, where Dr. Sammarino said that he had a phlebitis causing chronic deep vein insufficiency. The doctor recommended that Wheeler see Dr. David Naide, which he did on August 2, 1988.
The City placed Wheeler on injured-on-duty status, but it determined that after October 14, 1988 any continuing disability that he suffered was not service connected and would not prevent him from performing a limited duty position. Wheeler appealed, and a hearing was held on November 23, 1988. At that hearing Wheeler testified, and he submitted doctors' reports, his 1988 attendance records, clinic notes and a letter. The City submitted the March 23, 1988 employee injury report, the August 5 and September 24, 1988 reports of Dr. Naide, several other doctors' reports and five reports of Rehabilitation Nurse Kryman. Dr. Segal examined Wheeler on October 4, 1988 and found nothing wrong with his leg that could be attributed to the March 11, 1988 trauma.
Dr. Parlin indicated that a venogram examination was negative and that in his opinion the original contusion Wheeler suffered had healed and did not cause him to remain disabled. Dr. Stepanuk indicated in his report that Wheeler had a significant problem that appeared to be vascular in nature and that he could not return to his regular duties. Dr. Meltzer stated that the left leg was swollen and tender to palpation and that trauma to an extremity can cause phlebitis.
In January 1989 the Commission issued a decision denying the appeal and upholding the termination of benefits, finding that any disability after October 14, 1988 was not service connected. The Commission concluded that Wheeler did not sustain his burden of proof to show that his continuing disability was causally related to the March 11, 1988 accident. The Commission stated that the evidence showed that Wheeler did not suffer from venous insufficiency but from some form of bilateral edema, but neither condition can be caused by trauma. Rather they develop over a period of years. Based upon this evidence, Wheeler had not shown that his continuing disability from October 14, 1988 to the present was service connected.
On Wheeler's appeal the trial court affirme
Page 1 2 3 4 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|