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Pennsylvania Department of Corrections v. Workers' Compensation Appeal Board6/19/2002
Ordered published August 23, 2002.
PENNSYLVANIA DEPARTMENT OF CORRECTIONS/STATE CORRECTIONAL INSTITUTION-SOMERSET, PETITIONER
v.
WORKERS' COMPENSATION APPEAL BOARD (KIRCHNER), RESPONDENT
Before: Honorable Bernard L. McGINLEY, Judge, Honorable Renee L. Cohn, Judge, Honorable Jess S. Jiuliante, Senior Judge.
The opinion of the court was delivered by: Judge McGINLEY
Argued: May 6, 2002
OPINION
The Pennsylvania Department of Corrections (Employer) petitions for review of the order of the Workers' Compensation Appeal Board (Board) that reversed the decision of the Workers' Compensation Judge (WCJ) finding Employer provided valid notice of the existence of a panel of physicians. Therefore, Karen Kirchner (Claimant) had a duty to treat with a panel physician.
On February 1, 1999, Claimant suffered a work-related injury in the course of her employment as a prison nurse with Employer. She reported the injury on February 2, 1999. A notice of compensation denial issued on February 17, 1999. Subsequently, Claimant filed a claim petition.
During the course of litigation, the parties entered into an agreement for compensation for disability or permanent injury, which resolved all issues except whether Claimant was entitled to medical benefits for ninety days following the work injury.
Claimant testified that on February 1, 1999, she injured her back while lifting charts. Notes of Testimony, July 29, 1999, (N.T. 7/29/99) at 13; Reproduced Record (R.R.) at 11a. The following morning she notified her supervisor. N.T. 7/29/99 at 17; R.R. at 14a. Claimant testified that she was aware that if she was injured on the job and it was work-related she was required to treat with a panel physician. Claimant's supervisor gave the list of panel physicians to her a few days after the incident report was filled out. N.T. 7/29/99 at 43; R.R. at 40a.
Nancy Campbell Rhodes (Ms. Rhodes), Claimant's supervisor, testified that Claimant had signed a form in 1996 acknowledging notification of the panel physicians, but was not given a notification form after she reported her February 1999, injury. Notes of Testimony, October 29, 1999, (N.T. 10/29/99) at 23; R.R. at 53a. A panel list was posted in the nurse's station and a list of panel physicians had been placed in employees' paychecks in 1997. N.T. 10/29/99 at 19-22; R.R. at 49a-52a.
The WCJ found Claimant credible noting that Claimant informed Employer of her injury by telephone on February 2, 1999, filed an incident report when she returned to work and received a list of panel physicians a few days after she filed the incident report. WCJ's Opinion, August 31, 1999, (WCJ Opinion) Finding of Fact No. 4 at 1.
The WCJ found Ms. Rhodes credible and concluded that Claimant was validly notified of the existence of a panel of physicians and therefore, had a duty to treat with a panel provider for the first ninety days if Employer accepted the injury. Once Employer decided Claimant did not suffer a work injury, Claimant did not have a duty to treat with a panel of physicians. Therefore, the WCJ found Employer was not liable for Claimant's treatment from February 2, 1999, through February 17, 1999, when the denial was executed. WCJ Opinion, Conclusions of Law Nos. 2, 3 at 4.
The Board reversed the WCJ's decision, in part, finding that since Employer failed to provide written notification of Claimant's rights and duties after Claimant's injury, Employer remained responsible for payment of Claimant's medical expenses for the fifteen day perio
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