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Proffit v. Workers' Compensation Appeal Board2/27/2002
Submitted: January 11, 2002
OPINION NOT REPORTED
Claimant Randy Proffit (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) denying Claimant's Claim Petition.
On December 12, 1997, Claimant filed a Claim Petition for an alleged injury sustained while in the course and scope of employment with Jameson Memorial Hospital (Employer). The injury was described on the Claim Petition as a "fractured right ankle and ruptured disc in lower back."
Employer filed an Answer denying the allegations as to the ruptured disc. At the February 2, 1998 hearing, the Claim Petition was amended to include a Reinstatement Petition and a Petition to Review the description of the injury to include the back injury. All petitions were consolidated for disposition. Subsequent to hearings in the matter, the WCJ made the following relevant findings of fact.
Claimant injured his right ankle and low back on June 30, 1997 when he tripped and fell on stairs while in the course of his employment as a pharmacy technician with Employer. Following his fall, he immediately informed his supervisors of his injuries. Claimant filled out a work-injury report and then immediately went to Employer's emergency room. Claimant indicated that x-rays of only his ankle were taken by the emergency room staff. On July 1, 1997, Claimant visited Dr. Possai for treatment. Claimant testified that he told Dr. Possai that his ankle and his back hurt. Claimant also testified that he had three back surgeries prior to working for Employer. Claimant indicated that the surgeries were related to a lifting injury with a prior employer, Varsity Service.
Claimant presented the testimony of Dr. Phillips, whom the WCJ found not credible. Dr. Phillips examined Claimant on November 3, 1997 for severe left leg and back pain. Following his examination and tests, Dr. Phillips diagnosed Claimant with a disk herniation at L5-S1 level. Dr. Phillips concluded that Claimant's back injury was caused by his fall on June 30, 1997. However, Dr. Phillips admitted that he had not seen Claimant since 1991 and, at the time of the examination, Claimant did not give him a history of back pain from 1991 to 1997. Dr. Phillips indicated that with Claimant's history of back surgery, Claimant would experience "on-and-off" back pain and be prone to re-injury in that area more so than the average person. Dr. Phillips indicated that Claimant's back was injured on June 30, 1997, but that it did not fully herniate until shortly before Claimant's October 29, 1997 examination. Dr. Phillips described Claimant's back injury as a "recurrent disk herniation" and had no opinion as to whether the event that caused Claimant to need surgery was caused by the work injury.
Employer presented the testimony of Dr. Possai, whom the WCJ found credible. Dr. Possai initially examined Claimant on July 1, 1997. During the examination, Claimant complained of pain in his right ankle and right knee, but had no other complaints of pain. Dr. Possai treated Claimant for a sprained right ankle. Dr. Possai indicated that Claimant told him about his three prior back surgeries in 1985, 1987 and 1989, but did not indicate any problem with his back at the time. Dr. Possai testified that throughout his treatment of Claimant, Claimant never complained of any problems with his back, and was never treated for any back injury.
Employer also presented the testimony of Dr. Kozakiewicz, whom the WCJ found credible. Dr. Kozakiewicz conducted a medical records review on February 20, 1998, and examined Claimant on November 9, 1998. Dr. Kozakiewicz testified
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