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Bailey v. Workers' Compensation Appeal Board2/11/2002
Submitted: December 28, 2001
OPINION NOT REPORTED
Toni Bailey (Claimant) petitions for review from the September 11, 2001 order of the Workers' Compensation Appeal Board (Board) that affirmed the July 6, 2000 order of Workers' Compensation Judge John Liebau (WCJ Liebau) denying her petition for penalties. We affirm.
On May 31, 1984, the Philadelphia School District (Employer) issued a notice of compensation payable (NCP) acknowledging that Claimant suffered a cervical spine-ligamentous injury during the course of her employment on January 12, 1984. (Finding of Fact "F.F." 2) Thereafter, on May 13, 1985, Employer filed a petition to modify, terminate or suspend Claimant's workers' compensation benefits alleging that she had fully recovered from her work injuries and was capable of returning to her pre-injury duties. (F.F. 3)
In a February 10, 1989 decision, WCJ Fred Troilo (WCJ Troilo) made the following relevant findings of fact:
2. The Referee finds that on January 12, 1984, [Claimant], while in the course of employment, suffered injuries to the head, side of the face, the nose, the back and right side of the body while breaking up a fight between several students during normal school hours.
9. [Gary Neil Goldstein, M.D.] opined that [Claimant] has a chronic cervical sprain/strain injury, a ligamentous injury at the C-6/7 level of her cervical spine and a lumbosacral sprain/strain injury. He found that [Claimant] was also suffering a post-traumatic as well as a situational stress syndrome. These [diagnoses] were, in Dr. Goldstein's opinion, a result of the injuries sustained on January 12, 1984. Dr. Goldstein opined that [Claimant] cannot return to her former employment.
10. Richard A. Eisner, M.D., a [board-certified neurologist], treated Claimant on an admission to Bryn Mawr Hospital in October of 1987 and on a follow-up visit on January 28, 1988. [While in] the hospital[,] Claimant had symptoms of headaches, nausea, sensation to bright lights, a difficulty with her right hand, poor memory and poor concentration. A CT scan and an rteriography revealed a calcification in Claimant's left posterior parietal lobe and an abnormality in her left internal carotid artery[,] respectively.
11. Dr. Eisner opined that as a result of the trauma Claimant suffered in January of 1984 she is suffering the results of an internal cerebral hemorrhage and a traumatic disection of the internal carotid artery on the left side. Dr. Eisner unequivocally opined that laimant cannot return to her former employment because of difficulties with poor memory, poor concentration, daily headaches and cervical pain. (Reproduced Record "R.R." 36a, 37a)
Based on Claimant's testimony, as well as that of Doctors Goldstein and Eisner, WCJ Troilo concluded that Employer failed to demonstrate that Claimant had fully recovered from her work injuries. In his conclusions of law, WCJ Troilo ordered that Claimant's outstanding medical expenses be paid. No appeal was taken from that order.
On December 6, 1999, Claimant filed a petition for penalties, alleging that Employer violated the Act by failing to pay medical expenses incurred as a result of her treatment with Jeffery Shapiro, a licensed psychologist. WCJ Liebau was assigned to hear the petition.
Upon consideration of the evidence, WCJ Liebau concluded that Claimant failed to prove that her psychological condition was related to the work injury. WCJ Liebau further concluded that there was insufficient evidence to prove that Dr. Shapiro's treatment of Claimant from August 18, 1998 through October 12, 1999 was reasonably related to the injury acknowledg
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