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Berks Heim Nursing Home v. Workers' Compensation Appeal Board6/10/2002
Berks Heim Nursing Home and PMA Insurance Company (collectively, Employer) appeal from an order of the Workers' Compensation Appeal Board (Board) which affirmed a decision of a Workers' Compensation Judge (WCJ) granting the reinstatement petition of Ruth Terry (Claimant) and denying Employer's termination petition. We affirm.
Claimant was employed by Employer as a housekeeper. She sustained a work-related injury to her right foot while working for Employer on February 22, 1994. By decision dated July 31, 1996, the WCJ awarded Claimant temporary total disability benefits for a closed period of 6 weeks. Claimant's benefits were then suspended. On October 21, 1999, Claimant filed a reinstatement petition alleging that she sustained a recurrence of her right foot injury which has left her totally disabled as of August 26, 1999. On November 2, 1999, Employer filed a timely answer to Claimant's petition. On February 8, 2000, Employer filed a termination petition alleging that Claimant was fully recovered from her February 22, 1994 work-related injury.
At a hearing before the WCJ, Claimant testified that she began to experience pain in her right foot in July 1999. Claimant testified that the pain increased and she left work on August 26, 1999. Claimant treated with a doctor who put a cast on her foot. Claimant attempted to return to work, but Employer would not permit her to work with an open-toed cast. Claimant testified that she returned to work on February 14, 2000. Claimant testified that she still has pain in her right foot and that she now wears a brace on her right leg.
Claimant also presented the deposition testimony of Michael Borofsky, M.D., who is board-certified in internal medicine and rheumatology. Dr. Borofsky had been Claimant's treating physician for her arthritic problems and her right foot problems for several years. Dr. Borofsky testified that he first saw Claimant on July 19, 1999, at which time he found that Claimant had developed erosive inflammatory polyarthritis. Dr. Borofsky opined, based on the history Claimant gave him, his numerous examinations of her, his treatment of her over the years and his general familiarity with her, that she had increasing inflammation in the foot, especially the midfoot area that was injured in 1994, and the increasing inflammation in that area caused her to have increased pain and increased disability. Dr. Borofsky testified that the trauma of the work injury substantially aggravated Claimant's rheumatoid arthritis to the extent that it has disabled her. Dr. Borofsky further testified that the 1994 work-related injury did not cause the rheumatoid arthritis but it did cause the aggressive inflammatory reaction in her foot.
Employer introduced the deposition testimony of Ronald B. Greene, M.D., a board-certified orthopedic surgeon. Dr. Green opined that Claimant was fully and completely recovered from all injuries she sustained on February 22, 1994. Dr. Green opined that Claimant had rheumatoid arthritis in her right foot and posterior tibial tendon dysfunction, but that these conditions were not related to the February 24, 1994 work injury. Dr. Green also testified that Claimant's rheumatoid arthritis had no relationship to Claimant's work activity.
On September 26, 2000, the WCJ issued a decision in which he granted Claimant's reinstatement petition and ordered Employer to pay temporary total disability benefits for the period from August 26, 1999 through February 13, 2000. The WCJ suspended Claimant's benefits as of February 14, 2000. The WCJ also denied Employer's termination petition. Employer appealed to the Board which affirmed the decision of the WCJ. Employer now appeals to this Court.
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