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Pennsylvania Turnpike Commission v. Workers' Compensation Appeal Board2/22/2002
Submitted: December 21, 2001
OPINION NOT REPORTED
The Pennsylvania Turnpike Commission (Employer) appeals from an order of the Workers' Compensation Appeal Board (Board) which affirmed a decision of a Workers' Compensation Judge (WCJ) denying Employer's termination petition and granting, in part, Ali Elgarhy's (Claimant) petitions to review compensation benefits. We affirm.
Claimant was employed as a toll collector. On December 8, 1992, Claimant sustained a work-related injury and received workers' compensation benefits pursuant to a notice of compensation payable (NCP). Claimant's injury was described in the NCP as an injury to his left shoulder/arm. On December 1, 1994, Claimant filed a petition to review the NCP to include cervical and lumbosacral strains and sprains. On December 22, 1994, Employer filed a termination petition alleging that Claimant was fully recovered from his work- related injury and was able to return to his pre-injury job without restrictions. On July 5, 1995, Claimant filed a petition for penalties alleging that Employer failed to pay reasonable, necessary and related medical expenses. On May 28, 1996, Claimant filed an amended petition for review requesting that the NCP be amended "to reflect injuries in the form of an acute cervical and lumbar sprain and strain; herniated disc to the cervical and lumbar spine in addition to those set forth in the original ." Reproduced Record (R.R.), p. 17a.
At a hearing before a WCJ, Claimant testified that he was reaching into the toll lane to collect a ticket with his left hand when the driver, who did not come to a complete stop, pulled his left arm. Claimant testified that he hit his left shoulder and the left side of his head against the booth. Claimant also testified that when the driver let go of his hand, he fell and hit his back and head on the floor of the booth. Claimant testified that he did not believe that he could go back to work due to pain in his lower back and left leg.
Claimant also presented the deposition testimony of Robert J. Schwartzman, M.D., who is board-certified in internal medicine and neurology. Dr. Schwartzman first saw Claimant on May 6, 1993 at which time Claimant complained of severe pain across his trapezius ridge down his medial scapulae border into the back of his head and into his arm. After performing a physical examination, Dr. Schwartzman arrived at a diagnosis of severe brachial plexus traction injury involving the upper trunk, medial cord and lower trunk. Dr. Schwartzman opined that Claimant's brachial plexus injury was caused by the accident in the toll booth when his arm was hyperextended. Dr. Schwartzman also opined that Claimant had pre-existing problems at his cervical spine which were exacerbated by the accident. Dr. Schwartzman also testified that Claimant had a cervical decompression in C5-6 in his cervical spine and that this surgery was necessitated by the accident. Dr. Schwartzman opined that Claimant was not fully recovered from his work-related injury and would require further surgeries. Dr. Schwartzman also testified that it was not his opinion that Claimant's lumbar back symptoms were related to his work injury.
Claimant also introduced into evidence medical records which indicated that he underwent surgery at Thomas Jefferson University Hospital on March 21, 1995. The nature of the surgery was described as posterior C1-C2 fusion with iliac crest bone graft. According to the records, Claimant principal diagnosis was C1-C2 instability.
Employer presented the deposition testimony of Gaurang Bhatt, M.D., a board-certified neurologist, who examined Claimant on December 5, 1994. Based on the results of the phy
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