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Presbyterian Lodge v. Workers Compensation Appeal Board2/8/2002
Submitted: December 28, 2001
OPINION NOT REPORTED
Presbyterian Lodge (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (Board), affirming in part and vacating in part an order of the Workers' Compensation Judge (WCJ), granting Employer's suspension and termination petitions. We now reverse that aspect of the Board's order insofar as it vacated the WCJ's order.
The underlying facts of this case are not in dispute. Employer employed Diane Knapp (Claimant) in its housekeeping department. On April 28, 1996, as Claimant was covering a position in the laundry department due to an illness there, she sustained an injury to her lower back when she fell backward in an attempt to stop a laundry cart from tipping over. Claimant received total disability benefits pursuant to a notice of compensation payable issued by Employer.
Claimant returned to work on January 8, 1997, at wages equal to or greater than her pre-injury wage. Employer issued a notification of suspension on this date, informing Claimant that her disability benefits had been suspended.
However, Claimant stopped working on January 10, 1997, alleging that she could not continue to work because of pain in her back. Claimant thereafter filed a challenge to Employer's notification of suspension. The case was assigned to the WCJ and proceeded with hearings.
During the course of these hearings, Claimant again returned to work on October 13, 1997, at wages equal to or greater than her pre-injury wage. Hence, Employer issued another notification of suspension on this date. Claimant again filed a challenge to Employer's notice of suspension. The case was assigned to the WCJ. In the meantime, the parties executed a supplemental agreement dated November 25, 1997, agreeing that Claimant had returned to work at wages equal to or greater than her pre-injury wage as of October 27, 1997. Believing that the supplemental agreement resolved all issues in the matter, the WCJ issued an order dismissing Claimant's challenges as moot. The WCJ later issued an order vacating his prior order dismissing Claimant's challenges and directing that the litigation continue. During the course of this litigation, Employer amended its pleadings and sought a termination of Claimant's benefits as of February 10, 1997.
In support of her challenges, Claimant testified on her own behalf, relating a history of her work injury with Employer as well as her ongoing complaints of pain. Claimant indicated that she returned to work on January 8, 1997, and worked the next two days at a modified duty job, i.e., sitting down and folding clothes. Claimant also indicated that Employer permitted her to move around as needed. However, Claimant further indicated that as of January 10, 1997, she could not continue working because of pain in her lower back. Claimant noted that she sought treatment from her local hospital and her treating physicians, who eventually gave her a slip excusing her from work.
In opposition to Claimant's challenges and in support of its termination request, Employer presented the testimony of its administrator, Doris Johnson. Ms. Johnson indicated that she offered Claimant the modified-duty job in January of 1997, at wages equal to her pre-injury wage. Ms. Johnson noted that Employer was willing to work with Claimant's limitations and accommodate her situation. Employer also presented the testimony of Claimant's immediate supervisor, Richard Joyce. Mr. Joyce indicated that Claimant simply sat in a chair and folded clothes upon her return to the modified-duty job in January of 1997.
Mr. Joyce also indicated that Claimant worked from Janu
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