Little Flower Manor v. Workers' Compension Appeal Board6/24/2002
Little Flower Manor (Employer) and Julia Cobb (Claimant) petition for review of an order of the Workers' Compensation Appeal Board (Board) affirming in part, and reversing in part, a decision of a workers' compensation judge (WCJ) under the provisions of the Pennsylvania Workers' Compensation Act (Act). We affirm in part, and reverse in part.
On June 4, 1999, Claimant filed a claim petition in which she alleged, inter alia, that she sustained an injury to her lower back and left leg on February 23, 1998 while in the course of her employment as a nurse's aide for Employer. Employer did not file an answer to this petition.
On June 4, 1999, Claimant also filed a petition for penalties in which she alleged, inter alia, that Employer had failed to issue a notice of compensation payable (NCP) or a notice of compensation denial (NCD) for her work-related injuries in violation of the Act. On June 7, 1999, Claimant filed another claim petition in which she alleged, inter alia, that she aggravated her prior work-related injury on October 26, 1998 while in the course of her employment. On July 2, 1999, Employer filed an answer to these petitions, denying all of the material allegations raised therein.
On November 29, 1999, Employer filed a petition to terminate compensation in which it alleged, inter alia, that Claimant had fully recovered from her work-related injury as of November 24, 1999. On December 29, 1999, Claimant filed an answer to Employer's petition denying all of the material allegations raised therein. Hearings before a WCJ ensued.
In support of her claim and penalty petitions, Claimant testified and presented the deposition testimony of: Robert Franchetti, the workers' compensation claims adjuster for Employer; Allan Fehlandt, D.O.; and Don Kovalsky, M.D., a physician board certified in orthopedic surgery. In support of its termination petition, and in opposition to Claimant's petitions, Employer presented the deposition testimony of Armando Mendez, M.D., a physician board certified in orthopedic surgery.
On August 16, 2000, the WCJ issued a decision disposing of the petitions. Based on the evidence presented, the WCJ found, based on Claimant's credible testimony, that Claimant was employed as a nursing aide for Employer. While working in this capacity at Employer's nursing home, she performed both restorative care and floor care. While performing restorative care, she gave physical therapy to the residents; her responsibilities while performing floor care were a lot heavier and involved transferring residents from their bed.
On February 23, 1998, while at work, Claimant felt a "crack in her back" after a resident had rolled onto her. The Claimant reported her injury and treated with her Employer's panel physician, Dr. Fehlandt, for her back pain. Dr. Fehlandt released her to light duty work, with a ten pound lifting restriction. Claimant was restricted from performing floor care after the February 23, 1998 injury and, as a result, lost overtime wages until May 13, 1998, when she returned to the full duties of both restorative and floor care.
On October 26, 1998, Claimant again felt a "crack" in her back when she was bending over to wash a resident. Claimant reported this injury and again treated with Dr. Fehlandt. Dr. Fehlandt released her to return to light duty work, with a twenty pound lifting restriction. She again was restricted from floor care, and only performed restorative care only after the October 26, 1998 injury. As a result, Claimant again began losing overtime wages as a result of her injuries, and continues to do so.
The WCJ also found, based on Dr. Kovalsky's credible testimony,
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