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Ridolfi v. Workers' Compensation Appeal Board6/10/2002
Richard Ridolfi (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) reversing the decision of the Workers' Compensation Judge (WCJ) and denying his reinstatement petition because he did not meet his burden of proving that he was either totally disabled or that he was capable of performing sedentary work but that no such work was available.
Claimant suffered a work-related low back injury on August 15, 1985, while employed by the School District of Philadelphia (Employer). Employer accepted liability for his disability beginning March 14, 1986. On January 26, 1988, the parties entered into a supplemental agreement which stated that Claimant was entitled to partial disability benefits at a rate of $336 per week for 500 weeks.
On April 18, 1988, the parties entered into a stipulation of fact agreeing that Claimant had sufficiently recovered to perform modified work and such work was available to him as of March 26, 1987. Neither the supplemental agreement nor the stipulation of fact indicated Claimant's current earning capacity, but the stipulation stated that "modified jobs available to the claimant as of March 27, 1987 did not pay an average weekly wage sufficient to reduce claimant's entitlement to the maximum partial disability rate of $336 per week."
After the expiration of the 500-week period during which Claimant received partial disability benefits, on November 14, 1996, Claimant filed a petition for reinstatement alleging that as of September 26, 1996, his medical condition had deteriorated to the point where he was totally disabled as a result of his work injury. Employer filed an answer denying the allegation. Claimant also filed a petition to review the notice of compensation payable to include a bladder disorder as a result of his work injury. Employer filed an answer denying the allegation in that petition as well.
At the hearing before the WCJ, Claimant testified that he performed heavy-duty manual labor while working as a cement finisher for Employer and was injured when he leaned over and felt a crunch and sharp pain in his back and left leg. He testified that he stopped working in March 1986 when his symptoms worsened and treated with Steven Mandel, M.D. (Dr. Steven Mandel) but discontinued treatment in 1994. He stated that he entered into a supplemental agreement in 1987 indicating that he was capable of modified work within his current physical limitations as of March 26, 1987. At the time of that agreement, Claimant stated that he believed he was in line for a supervisory foreman position that was light duty; however, he was never offered the job. Claimant continued to state that he returned to Dr. Steven Mandel in 1996 with increased pain and bladder dysfunction, and he currently suffered on a daily basis from left back pain radiating into his buttocks and down the back of his left leg to his knee. He rated the pain in his back and leg as an eight on a scale of one to ten. Claimant also stated that he could not hold his urine in the morning and urinated involuntarily when he turned a certain way. Claimant concluded by indicating that he had not worked since March 26, 1987, and did not believe he was capable of sedentary or light-duty work due to his symptoms.
In support of his reinstatement petition, Claimant offered the testimony of Dr. Steven Mandel who was board certified in neurology and electrodiagnostic medicine. Dr. Steven Mandel testified that his initial examination of Claimant revealed a lumbar radiculopathy, and electrodiagnostic testing was consistent with nerve root irritation in the lumbar spine affecting the muscles of the lower extremities which was worse on the left side. He stat
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