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Corey v. Workers' Compensation Appeal Board6/17/2002
Karen Corey petitions for review of an order of the Workers' Compensation Appeal Board (Board) that modified the decision of a Workers' Compensation Judge (WCJ) by eliminating cervical radiculopathy from the description of her work-related injury. Corey contends that the Board erred as a matter of law in concluding that she did not meet her burden of proof to establish that she suffered a neck injury, i.e., cervical radiculopathy, as a result of her work-related injury.
On September 17, 1997, Corey slipped on a freshly waxed floor while waiting tables in her employ as a bartender for Jays Mountainview Inn (Employer).
After falling she notified the owner of Employer of the accident and finished her shift. The next day she sought treatment at the Allegheny Valley Hospital Emergency Room because she was experiencing extreme pain in her upper back, shoulders and neck. On September 19, 1997, Corey notified Employer's office manager, Faye Lasher, of the incident and completed an accident report, which specified that she had suffered an injury to her neck.
Corey was first treated by Dr. Bradley Wolk, to whom she was referred by the Emergency Room. Dr. Wolk diagnosed Corey with cervical strain, cervical radiculopathy and left upper extremity pain. He treated her with physical therapy and anti-inflammatory medication for approximately 90 days until Corey sought a second opinion from the Allegheny General Hospital. Corey continued to be treated for neck problems by various doctors until she was referred to Dr. Matthew Tomaino. After taking x-rays and an MRI of Corey's shoulder and neck, Dr. Tomaino diagnosed her as suffering a possible partial rotator cuff tear in her left shoulder. He originally recommended conventional treatment including cortisone injections and physical therapy. However, when Corey's symptoms persisted, Dr. Tomaino recommended arthroscopic surgery, which Corey underwent in October 1998. Corey has not returned to work since October 1997.
Employer issued a notice of compensation denial stating that, although a work injury took place, Corey was not disabled by it. Corey filed a claim petition, and Employer timely denied the material allegations and demanded proof. In hearings before the WCJ, Corey presented her own testimony and the testimony of Dr. Tomaino. Corey described the accident, her duties for Employer and her treatment. Corey stated that she continues to suffer pain in her neck and that her left shoulder has limited movement. She believed that she was unable to perform her duties as a bartender. On cross-examination, Corey explained that she did not specifically state that her shoulder hurt when she went to the Emergency Room because the pain in her neck was so severe that it overrode her other ailments. Dr. Tomaino opined that Corey had developed post-traumatic bursitis and rotator cuff tendonitis as a result of her work injury. He further opined within a reasonable degree of medical certainty that she could not return to her job.
Employer presented testimony from Lasher and from Dr. W. Scott Nettrour. Lasher testified that she informed Corey that Dr. Wolk had released her to return to work and that Employer made modified work available to Corey. Dr. Nettrour testified that he examined Corey on October 19, 1998 and reviewed her medical records. Dr. Nettrour opined that Corey had suffered a soft tissue injury to her neck and shoulder region as a result of the work incident and that she had fully recovered from this injury. Dr. Nettrour maintained that Corey's complaints were unsupported by objective physical findings and that she ought to have recovered within four to six weeks of the incident. On cross-examination, Dr. Nettrou
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