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Wolff v. Workers' Compensation Appeal Board2/8/2002
Submitted: December 21, 2001
OPINION NOT REPORTED
Duane Wolff (Claimant) petitions for review of a determination of the Workers' Compensation Appeal Board (Board), affirming the decision of a Workers' Compensation Judge (WCJ), which denied Claimant's review petition and granted the suspension petition filed by Pitt Ohio Express (Employer). We affirm.
On April 3, 1996, Claimant sustained a work-related injury while employed as a truck driver by Employer. Claimant received benefits pursuant to a notice of compensation payable (NCP), which acknowledged Claimant's injury as a lumbosacral strain. Thereafter, in August of 1996, Claimant returned to work for approximately two months until he was again rendered totally disabled. After a period of approximately one year, Claimant attempted to return to work a second time in November of 1997. However, since he was absent from work for longer than six months, Claimant was first required to take a driving exam for re- certification as a tractor-trailer driver. At this time, Claimant was unable to satisfactorily complete the driving exam and, therefore, was not able to return to work.
On December 8, 1997, Employer filed a termination petition and a suspension petition. Thereafter, Claimant filed an answer denying all material allegations. The matter proceeded to hearings before a WCJ. On April 16, 1999, Claimant filed a review petition seeking to amend the NCP to include a psychiatric injury resulting from physical symptoms related to Claimant's original work- related injury. Employer denied the allegations set forth in the review petition.
At the hearings before the WCJ, Employer presented Robert P. Durning, M.D., board certified in orthopedics, who examined Claimant on March 26, 1997. Dr. Durning testified that Claimant complained of constant, sharp, stinging pain that traveled from his low back into both legs but was worse on the right side. Additionally, Dr. Durning testified that an MRI test performed on Claimant revealed a central disc bulge at L5-S1. Dr. Durning opined within a reasonable degree of medical certainty that Claimant's bulge was not caused by the work-related injury he suffered on April 3, 1996. (Durning Dep. at 8-11).
Dr. Durning also testified that Claimant's medical history revealed a work-related injury in 1991 and two suicide attempts related to depression. Dr. Durning further testified that his physical findings of Claimant's condition "can be summarized by saying there were strong disproportionate number of subjective findings in the absence of any objective findings of the musculoskeletal system." (Durning Dep. at 13). Additionally, Dr. Durning testified that he agreed with a report of one of Claimant's treating physicians, which reflected that there was no medical necessity for Claimant's use of crutches. Dr. Durning opined within a reasonable degree of medical certainty that, despite Claimant's marked symptomatology, he found no physical markers or residual effects of any injury he may have sustained in April of 1996. (Durning Dep. at 18-20). Dr. Durning further opined within a reasonable degree of medical certainty that, from an objective standpoint, Claimant had fully recovered from his work-related injury of 1996. Finally, Dr. Durning believed that Claimant suffered no physical abnormality which would prevent him from returning to his pre-injury position with Employer. (Durning Dep. at 22-24).
Additionally, Employer presented Gary Richard, Employer's senior safety director, who testified that he administered a driving exam to Claimant on November 13, 1997, for his re-certification to drive a tractor-trailer. Mr. Richard testified that Claimant drove his
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