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Merchant v. Workers' Compensation Appeal Board9/1/2000
f work." (Id.) Finally, the doctor testified that "Claimant could drive a car since he showed no side effects from his medication, and he could also work in a position that would permit him to change positions." (Id.)
Claimant also submitted the deposition testimony of Dr. Walczak, board-certified in internal medicine with a subspecialty in endocrinology. She initially saw Claimant in late August or early September of 1995. The doctor stated that Claimant was going to the bathroom about every fifteen minutes around the clock, with the normal being around four to six times per day. In addition, she testified that, after the work episode, Claimant complained of hand tremors, several muscle aches and fatigue. After performing a physical examination of Claimant, Dr. Walczak diagnosed diabetes insipidus and prescribed him DDAVP, a synthetic equivalent of the deficient anti-diuretic hormone.
When Dr. Walczak saw Claimant on February 8, 1996, he was off the DDAVP medication and was able to sleep through the night without urination. During the day, Claimant was urinating every three hours or so. Noting that Claimant's prognosis with respect to the diabetes insipidus was uncertain, the doctor "opined that the fall at work from the electric shock probably caused the diabetes insipidus and could have caused the Claimant's neck pain and subsequent headaches as well, but she deferred to the Claimant's other doctors' opinions for the headache and neck problems." (Finding of Fact No. 23.) Finally, Dr. Walczak stated that, if Claimant's condition remains stable with regard to the diabetes insipidus and he has access to bathroom facilities and water, he should be able to perform work. (Finding of Fact No. 24.)
TSL presented the testimony of Jon Hubell, employed by TSL as a service manager at Transportation Services, Inc. He testified that it was his duty to oversee the maintenance of the trucking fleet, that he was Claimant's immediate supervisor and that he gave Claimant his daily assignments. The WCJ used Mr. Hubell's testimony largely to determine the identity of Claimant's statutory employer, which is not at issue on appeal. In addition, the WCJ cited Mr. Hubell's testimony in support of a finding that TSL failed to establish that work was available to Claimant within his limitations. Specifically, the WCJ found that
Mr. Hubell testified that TSL made a job available for the Claimant and would make accommodations, but he was not able to state what the salary would be, and he had no knowledge of the restrictions placed upon the Claimant by his doctors, nor was he aware of the existence of any release returning the Claimant to work issued by any of his doctors. (Finding of Fact No. 32.)
With regard to Claimant's medical witnesses, the WCJ made the following finding:
31. I also find the credible testimonies of Claimant's doctors that the Claimant's diabetes insipidus, headaches and neck pain are the result of the work incident that occurred on August 14, 1995, when the Claimant sustained an electrical shock. The Defendant-Employer did not rebut the Claimant's medical experts' testimony, and it is accepted as fact that his medical problems are work related. While Dr. Walczak credibly testified that the diabetes insipidus is virtually healed, the headaches and neck pain, according to Dr. Samarasinghe, had not completely resolved at the date of his deposition; therefore, the Claimant's work injury is ongoing, although improved significantly. (Finding of Fact No. 31.)
With regard to the compensation payments from West Virginia, the WCJ found that
Claimant is being paid workers' compensation benefits, including the payment of medica
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