Wells Fargo Co. v. Workers' Compensation Appeal Board12/29/2000
Submitted: October 27, 2000
Wells Fargo Company (Employer) appeals from the June 27, 2000 order of the Workers' Compensation Appeal Board (WCAB), which affirmed the decision of a workers' compensation judge (WCJ) to grant the claim petition filed by Julio Pacheco (Claimant). In regard thereto, Claimant has filed an Application for Relief requesting counsel fees pursuant to Pa. R.A.P. 2744. We affirm the WCAB's order and deny Claimant's application.
Claimant was hired in October 1996 as an Account Representative in Employer's Allentown office. Claimant reported to his "work place" at Employer's Allentown office for approximately one month, during which time
Claimant received job training. Employer gave Claimant a phone card, a beeper and an identification card stating that Claimant was an Account Representative for Employer. (WCJ's Findings of Fact, Nos. 2, 4, 5, 11(a).)
Before hiring Claimant, Employer had planned to transfer the accounts being managed in Employer's Scranton office to Employer's Allentown office. To effectuate this transfer, Employer asked Claimant to work in Employer's Scranton office with Employer's Scranton accounts until Claimant felt comfortable moving the operation back to Allentown. During the time that Claimant worked in Employer's Scranton office, Claimant still had a "work place" in the Allentown office, and his time sheets and paycheck were processed at the Allentown office. (WCJ's Findings of Fact, Nos. 2, 4, 11(a).)
On November 20, 1996, Claimant was involved in an automobile accident while driving to Employer's Scranton office. Claimant's car slid on a patch of ice and spun out of control. Claimant sustained an injury to his neck, low back and shoulder. Claimant received treatment for his injuries and has not returned to work for Employer since the accident. (WCJ's Findings of Fact, Nos. 2, 3, 11(a).)
On February 18, 1997, Claimant filed a claim petition alleging that, on November 20, 1996, he sustained a work-related injury while in the course and scope of his employment with Employer. Employer filed a timely answer denying the material allegations of Claimant's petition. The case was assigned to a WCJ, and hearings were held on the matter.
At the hearings, Claimant testified on his own behalf and presented the December 10, 1996 medical report of Mahesh D. Chhabria, M.D. (See R.R. at 94a-96a.) Dr. Chhabria's report indicates that, after the November 20, 1996 accident, Claimant experienced left-sided headaches, forgetfulness, vertigo and pain in his neck, back and shoulder. The doctor's diagnosis was that Claimant suffered from headaches with cerebral concussion, cervical strain, spasmodic torticollis, left brachial plexopathy versus left C7 radiculopathy, dorsal strain, LS strain with left L5 radiculopathy and left shoulder injury. Dr. Chhabria advised diagnostic studies, a referral and complete bed rest. (WCJ's Findings of Fact, No. 9.)
Employer presented the testimony of William McGivern, Employer's Claims Service Manager, and Joseph F. Vuchak, Employer's District Customer Service Manager. McGivern testified that: (1) Employer planned to move its Scheduling Department from the Scranton office to the Allentown office; (2) Employer asked Claimant to take a scheduling job, which entailed training approximately one month in the Allentown office and then working in the Scranton office until Claimant felt comfortable moving the operation back to Allentown; and (3) Employer made this offer because of where Claimant lived. (WCJ's Findings of Fact, No. 4.) Vuchak testified that Claimant's job required him to travel, but that Claimant was not to be paid mileage for his travel to the
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