Walker v. Workers' Compensation Appeal Board2/8/2002
Submitted: November 9, 2001
OPINION NOT REPORTED
Stephanie Walker (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) which affirmed the Workers' Compensation Judge's (WCJ) decision granting her claim petition for a closed period of time and terminating Claimant's benefits as of March 18, 1998. We affirm.
On June 8, 1997, Claimant was employed as a home health aide by Skilled Nursing Home Care, Inc (Employer). On that date, Claimant injured her back while lifting a patient who was lying in bed. Claimant timely notified Employer's administrator of her injury. Subsequently, Employer issued a notice of temporary compensation on June 25, 1997, and an amended notice of temporary compensation on September 4, 1997. Also on September 4, 1997, Employer issued a notice of stopping temporary compensation.
On September 22, 1997 and October 14, 1997 respectively, Claimant filed two separate claim petitions. In the September 22, 1997 claim petition, Claimant alleged that she injured her back, neck, shoulder, etc. on June 8, 1997, when she lifted/moved a patient. In the October 14, 1997 claim petition, Claimant alleged that she injured her lower back on June 8, 1997, while attempting to lift a patient and that she sustained a disc injury. Employer filed an answer denying the allegations of both claim petitions. Hearings before a WCJ ensued.
Before the WCJ, Claimant testified on her own behalf and presented the deposition testimony of her treating physician, Larry Kramer, D.O., as well as medical reports and documents. In opposition to the claim petitions, Employer presented two fact witnesses and the medical reports of its evaluating physician, Ronald B. Greene, M.D., a board certified orthopedic surgeon.
The WCJ accepted as credible Claimant's testimony concerning her June 8, 1997 injury and complaints of pain for the period continuing through March 17, 1998. The WCJ rejected as not credible the testimony of Employer's fact witnesses regarding the offer of a light duty position.
The WCJ accepted as credible Dr. Kramer's testimony for the time period from Claimant's June 8, 1997 injury through March 17, 1998. Dr. Kramer testified that based upon Claimant's history, physical examinations, review of medical records and diagnostic studies, including a MRI, that Claimant remained disabled from performing her pre-injury duties and limited duty as a result of the June 8, 1997 work injury. Dr. Kramer opined that claimant suffered an acute lumbosacral strain and sprain with myositis and some degree of radiculopathy, as a result of the June 8, 1997 work injury. The WCJ rejected Dr. Kramer's testimony as not credible that Claimant suffered a lumbar bulging disc as a result of the June 8, 1997 work injury.
Accordingly, based on Claimant's credible testimony and Dr. Kramer's testimony, which the WCJ found persuasive, the WCJ found that as a result of the June 8, 1997 work incident, Claimant was not capable of performing her pre-injury job duties or modified light duty commencing June 9, 1997 and continuing through March 17, 1998.
The WCJ accepted Dr. Greene's opinions regarding the time period commencing on March 18, 1998. Dr. Green examined Claimant on March 18, 1998. Based upon Claimant's history, physical examination, review of medical records and diagnostic studies, including an EMG and a MRI, Dr. Greene opined that, as of the time of the examination on March 18, 1998, Claimant was fully recovered from any and all injuries that may have occurred on June 8, 1997 with no residuals. Dr. Green further opined that Claimant continues to suffer a disabling physical problem unrelated
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