 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Griffin v. Pennsylvania Board of Probation and Parole8/3/2000
he State vehicles was not permitted while used for commuting.
14. There is no evidence of record indicating Claimant had a contractual right to use a State vehicle, and Claimant admitted that, periodically, he did not have the use of a State vehicle.
15. The parole officers worked what are "controlled hours" from 8:30 a.m. to 5:00 p.m., and required specific permission from their supervisor or manager to deviate therefrom. Claimant sought or received no such permission.
16. Dr. DeCarlo first treated Claimant on April 22, 1993, for injuries sustained in a fall on April 27, 1993, at Greaterford Prison, when he slipped and hit his lower back.[ ]
17. Dr. DeCarlo treated Claimant for this injury until October of 1994 when Claimant returned to work. The diagnosis was a disc protrusion at L3-L4, a bulging disc at L4-L5, sclerosis and calcification of the coccyx.
18. In August of 1995, Dr. DeCarlo's diagnosis of Claimant following the incident at issue herein was "acute lumbosacral sprain and aggravation of the previous injury and the possibility of herniation or a ruptured disc."
19. The doctor's treatment for Claimant included regular therapy, ultrasound, hot/moist packs, deep muscle massage, electric stimulation and exercise.
20. By July of 1996, Dr. DeCarlo diagnosed Claimant's injuries as continuing, but retained hope that Claimant could return to work.
21. Dr. DeCarlo's bills for treating Claimant exceeded $15,000.
22. Claimant was examined by Dr. Leatherwood on behalf of the Employer on May 21, 1996. He found that Claimant had no problems with straight leg testing and deep tendon reflexes in knee or ankle, normal motor strength testing, full lumbosacral extension, and subjective tenderness of the lumbosacral spine with no spasm.
23. Dr. Leatherwood's diagnosis was "sprain/strain of the lumbosacral spine," and "degenerative changes in the lumbosacral spine which are consistent with his age." To rule out more serious conditions, the doctor ordered an MRI which confirmed his conclusion that Claimant had sustained a work-related sprain/strain with no permanent injuries.
24. Dr. Leatherwood credibly concluded that Claimant's injury in August of 1995 was a sprain/strain type of injury which did not change, in any way, the underlying degenerative disease of Claimant's spine and that Claimant was fully and completely recovered from that injury so that he could return to full employment without restrictions as of May 21, 1996.
25. Although Dr. Leatherwood credibly testified that injuries such as Claimant's should have healed within six weeks to three months, he could not tell when Claimant had actually recovered before May 21, 1996. (Findings of Fact Nos. 1-25).
Emphasizing the fact that Griffin was injured while he was returning to his home before 5:00 p.m., the end of his workday, and that he did not have permission to work at home, the hearing examiner concluded that Griffin did not sustain an injury on August 24, 1995 that arose "in the performance of his duties." Accordingly, the hearing examiner recommended that Griffin be found ineligible for benefits under the Act.
By order dated July 6, 1999, the Board adopted the hearing examiner's recommendation in its entirety and found Griffin ineligible for benefits under the Act for periods of incapacitation due to, and following, his August 24, 1995 injury. This petition for review followed.
Section 1(a) of the Act, 53 P.S. ยง637(a), provides that:
ny member of the State Police Force, . . . and the parole agents, enforcement officers and investigators
Page 1 2 3 4 5 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|