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Roberts v. Workers' Compensation Appeal Board6/25/2002
Sarah Roberts (Claimant) petitions for review from an order of the Workers' Compensation Appeal Board (Board) which affirmed the decision of a Workers' Compensation Judge (WCJ) denying Claimant's petition to set aside a final receipt and denying her request to modify the notice of compensation payable (NCP) initially issued by AT&T;(Employer). We affirm.
Claimant worked for Employer for twenty-five years as a long distance operator. Her job required her to look up information and dial numbers for customers. On November 1, 1995 Claimant sustained carpal tunnel syndrome in the course of her employment with Employer. Employer issued an NCP, which described her injury as carpal tunnel syndrome and Claimant commenced receiving total disability benefits. The NCP did not acknowledge any other injuries.
Claimant returned to work on April 15, 1996 and thereafter signed a final receipt on June 4, 1996 which indicated that Claimant had fully recovered from her work-related injury. Claimant continued to work at her pre-injury position until August 1997 at which time she went off of work at the suggestion of her treating physician and started receiving disability benefits for non-work related conditions described as fibromyalgia and myofacial pain syndrome. Claimant's benefits were discontinued in September of 1998 when Employer denied her application for long term disability benefits.
On March 2, 1999 Claimant filed a petition to set aside the final receipt alleging that her carpal tunnel syndrome had worsened to the extent that it once again caused a decrease in her earning capacity. At the hearing conducted by the WCJ Claimant, although she did not file a petition to review the NCP, presented evidence that the NCP issued by Employer should have included additional conditions, namely her fibromyalgia and myofacial pain syndrome.
Claimant testified on her own behalf and also introduced the deposition testimony of Dr. Scott D. Mueller. Dr. Mueller testified that he started treating Claimant in October of 1995 for right wrist pain and discomfort in her upper right back and shoulder. Dr. Mueller stated that he did not ask Claimant if she had experienced these types of complaints in the past. Dr. Mueller assigned Claimant with a probable diagnosis of carpal tunnel syndrome. Dr. Mueller ordered a nerve conduction study and EMG test, both of which found no evidence of carpal tunnel syndrome: however, Dr. Mueller's diagnosis of carpal tunnel syndrome remained the same.
In subsequent visits to Dr. Mueller in 1996, Claimant complained of generalized pain throughout her body and began to suffer from gastrointestinal symptoms. Dr. Mueller opined that Claimant suffered from fibromyalgia and myofacial syndrome, which resulted from the work-related injury. After Claimant stopped working in August of 1997, Dr. Mueller completed forms related to Claimant's disability. On forms completed by him on March 23, 1998 and May 12, 1998, Dr. Mueller checked boxes indicating that Claimant's fibromyalgia and myofacial pain syndrome were not related to a work related incident. These forms were used in Claimant's attempt to acquire long term disability benefits. Dr. Mueller explained that he did not realize that he was completing forms that were related to a non-work injury.
Employer introduced the deposition testimony of Dr. John F. Perry, who examined Claimant on November 19, 1999. Based on the examination, a review of medical records and diagnostic tests, he opined that Claimant did not suffer ongoing symptoms of carpal tunnel syndrome. Additionally, he stated that Claimant's fibromyalgia and myofacial syndrome did not result from the carpal tunnel syndrome. Based
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