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Murnaghan v. Workers' Compensation Appeal Board2/22/2002
Jacqueline M. Murnaghan (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the workers' compensation judge (WCJ) granting the two petitions filed by Springfield Hospital (Employer) seeking to terminate Claimant's workers' compensation benefits. We affirm and remand for the WCJ's consideration of the petitions filed by Claimant.
At hearings before the WCJ, the following facts were presented. Claimant sustained a work-related injury to her right wrist on February 23, 1992 in the course of her employment with Employer as a registered nurse. Claimant returned to a light-duty position on May 19, 1992 after missing work for a certain period and began receiving weekly disability benefits in the amount of $455 based on her average weekly wage of $700.60 pursuant to a notice of compensation payable. Subsequently on February 24, 1994, Claimant fell on ice on Employer's premises and sustained an injury to her head and neck. A few days after the injury, Claimant returned to light-duty work. Employer accepted its liability for the February 24, 1994 work injury.
On September 5, 1995, Claimant filed a petition for review and a petition for reinstatement of her partial disability benefits, alleging that her average weekly wage of $700.60 set forth in the notice of compensation payable was incorrect and should have been $1206.70, that her benefits should be recalculated based on the correct average weekly wage, and that Employer unilaterally terminated her partial disability benefits on September 13, 1992. Employer then filed a petition to terminate or suspend Claimant's benefits as of April 25, 1995, alleging that she had recovered from her February 24, 1994 work injury and returned to work without loss of earnings. On February 5, 1997, Employer filed a second petition for termination, alleging that as of December 23, 1996, Claimant had recovered from her February 23, 1992 work injury and was capable of returning to her pre-injury job without restrictions.
In support of her petitions and in opposition to Employer's petitions, Claimant testified and presented the deposition testimony of her treating physicians, David A. Bottger, M.D., a board-certified surgeon, and Bruce H. Grossinger, D.O., a board-certified neurologist. Claimant testified that she was still experiencing pain on her neck, headaches and problems with her wrists, for which she was treated by her physician on a weekly basis. Dr. Bottger opined that Claimant's pre-existing structural and degenerative conditions in her wrist was aggravated by the February 23, 1992 work injury and that she was not capable of performing the duties of her pre-injury position due to the chronic wrist pain. Dr. Grossinger opined that Claimant sustained an injury to her brachial plexus when she fell on ice on February 24, 1994 and that her chances of returning to the pre-injury job were guarded due to her inability to lift or carry objects with her arm and with overhead motions.
Employer presented the deposition testimony of Richard Bennett, M.D., a board-certified neurologist, who examined Claimant on April 25, 1995. At the time of his examination, Claimant complained of headaches, pain in the right wrist and pain in the back of her neck radiating to her left shoulder. Dr. Bennett did not find any objective evidence of neurological or orthopedic impairment supporting Claimant's subjective complaints of pain. Dr. Bennett testified that Claimant had a full range of motion on her neck, normal motor and sensory functions and excellent strength in the upper and lower extremities with no evidence of muscle wasting or atrophy in the median enervated muscle. In addition, Claimant's
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