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Moore v. Workers' Compensation Appeal Board8/9/2000
rgery was not successful and did not result in a solid fusion. That fact, combined with the fact that Claimant's fall was not a direct trauma to her back, would not have caused her to fracture her back. Accordingly, Dr. Johe concluded that Claimant sustained only a lumbar strain as a result of her work injury and that the fall merely exposed an underlying problem. (R.R. at 154a-55a, 184a.) Dr. Johe further testified that Claimant was fully recovered from the work-related strain. (WCJ's Findings of Fact, Nos. 16-17.) Dr. Johe also explained that his examination of Claimant revealed inconsistent findings and that there were no objective findings to support a continuing injury to the low back muscles or Claimant's subjective complaints. (WCJ's Findings of Fact, Nos. 15-16.)
Dr. Supinski testified again on February 19, 1997, after seeing Claimant that day for the first time since August 31, 1994. (WCJ's Findings of Fact, No. 23.) Dr. Supinski testified that, according to updated x-rays, the fusion he performed in February of 1993 appeared to be solid and that his examination of Claimant revealed a soft tissue crepitus in the back at the level of the lumbar spine. (WCJ's Findings of Fact, No. 24.) Because Claimant did not give him a history of any intervening accidents or injuries, Dr. Supinski concluded that the crepitus was caused by the April 1992 work injury. (WCJ's Findings of Fact, No. 25; R.R. at 243a; 251a-54a.) Dr. Supinski further testified that Claimant was not fully recovered from her work injury as of August 31, 1994, thereby retracting his 1994 deposition testimony with respect to this issue. (WCJ's Findings of Fact, No. 32; R.R. at 240a, 244a.) Dr. Supinski explained that, given the facts he had at the time of his 1994 testimony, his opinion was accurate; however, at the time of his 1997 testimony, he changed his opinion based upon a review of the patient and additional information he now had. Dr. Supinski further explained that, in August of 1994, it appeared as though Claimant would continue to improve, but, in fact, she did not. (R.R. at 248a.) Dr. Supinski noted that Claimant had complained of crepitus in March of 1994, but stated that he could not feel the crepitus at that time; however, he felt the crepitus at his February 19, 1997 examination. (R.R. at 249a.)
Claimant testified for a final time on October 23, 1997, regarding the surgery that Dr. Supinski performed on her back on September 30, 1997.
Claimant stated that she had the surgery because of pain and cracking in her lower back. (R.R. at 218a-19a.)
The WCJ found the testimony of Dr. Johe to be credible in part and the testimony of Dr. Supinski to be credible in part. Specifically, the WCJ accepted Dr. Johe's opinion that there was never a fusion at the L4-L5 level following Claimant's 1985 surgery. Consequently, the WCJ did not accept Dr. Supinski's opinion that Claimant fractured a previously stable fusion at L4-L5 when she fell at work. However, the WCJ rejected Dr. Johe's opinion that Claimant's condition progressed naturally without contribution from the work- related injury. Rather, the WCJ credited Dr. Supinski's opinion that Claimant's February 1993 surgery was related to Claimant's April 1992 work injury. The WCJ also credited Dr. Supinski's 1994 testimony that Claimant was fully recovered from her work injury as of his August 31, 1994 examination of Claimant and, thus, rejected Dr. Supinski's 1997 testimony that Claimant was not fully recovered from her work injury in August 1994. In this regard, the WCJ found:
I do not accept as credible Dr. Supinski's testimony in 1997 that the Claimant was not fully recovered from her April, 1992 work injury in August, 1994. It appears
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