Putz v. Workers' Compensation Appeal Board3/22/1999
Submitted: October 23, 1998
Charles Putz (Claimant) appeals from an order of the Workers' Compensation Appeal Board affirming an order of a Workers' Compensation Judge (WCJ) which had awarded him total disability benefits from October 23, 1993, until September 16, 1994, at which time the WCJ ordered the benefits terminated based upon a finding that Claimant was no longer disabled and could perform his time-of-injury job.
In 1985, prior to beginning work for Lupini Construction (Employer), Claimant began to experience swelling and ulceration in his legs, and, in 1989, he was diagnosed as suffering from phlebitis. Claimant's phlebitis required several periods of hospitalization. In September of 1993, Claimant began working for Employer as a roofer; his job required him to lift, bend and stoop, and Claimant was generally moving around and active all day. Shortly after beginning his work with Employer, Claimant again began to experience swelling and ulceration in his legs.
On October 20, 1993, Claimant went to see his treating physician, Doctor V.E. Reyes. At that time, Claimant's legs were ulcerated and, following an examination, Dr. Reyes recommended that Claimant stop working immediately. Claimant did not work the following day, because of rain, but did work on October 22, 1993, and, at that time, he notified his foreman, Tony Schiavo, that his doctor had instructed him to stop working. After working on the 22nd, Claimant's legs were purple and blue, swelled and ulcerated, and Claimant was admitted to McKeesport Hospital where he remained until October 31, 1993. Claimant has not worked since October 22, 1993, but he is receiving Social Security disability benefits, as well as a union disability pension.
On May 31, 1994, Claimant filed a claim petition seeking continuing total disability benefits from October 23, 1993, as the result of "cumulative phlebitis condition causing his legs to ulcerate." (Claim Petition at 2.) Employer filed a timely answer to the petition denying the allegations, and hearings were scheduled before a WCJ.
At the hearings, Claimant testified to the above events. In addition, he noted that, after the third day of work with Employer, the swelling and ulceration began to get progressively worse. Claimant also noted that he has trouble walking more than two blocks and also has difficulty walking up stairs. Claimant did concede, however, that his phlebitis had occurred before the start of his employment with Employer.
In addition to his own testimony, Claimant presented the testimony of Dr. Reyes. Dr. Reyes testified that, in June of 1991, Claimant had received treatment for an episode of stasis dermatitis with ulceration, cellulitis and venous insufficiency. In October of 1993, Dr. Reyes diagnosed Claimant as suffering from stasis dermatitis and infected ulcers caused by chronic venous insufficiency. Dr. Reyes prescribed antibiotics and recommended that Claimant undergo a Doppler study, which revealed that Claimant had deep vein thrombosis and varicose veins. As a result, Claimant was admitted to the hospital on October 22, 1993, and remained there until October 31, 1993.
In a follow-up visit on November 10, 1993, Dr. Reyes noted that Claimant's ulcers had healed. However, a subsequent Doppler study revealed that Claimant continued to suffer from deep vein thrombosis and, as a result, Dr. Reyes opined that Claimant could not return to his position as a roofer because it would aggravate Claimant's underlying medical condition. Dr. Reyes did not opine, however, that Claimant's work caused the phlebitis.
In response, Employer offered the testimony of Doctor Fredric Jarrett who is board certif
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