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Bob Evans Restaurant v. Workers' Compensation Appeal Board11/1/2005
Bob Evans Restaurant (Employer) petitions for review of the May 2, 2005 order of the Workers' Compensation Appeal Board (Board) that affirmed the order of Workers' Compensation Judge Karl H. Peckmann (WCJ) denying Employer's termination petition and granting a petition to review workers' compensation benefits (review petition) filed on behalf of Donna Arthur (Claimant). We affirm.
On July 17, 1998, while employed by Employer as a waitress, Claimant was injured when she slipped, fell and hit the back of her head on the floor of Employer's restaurant. On July 30, 1998, Employer issued a notice of temporary compensation payable which described the injury as a "cervical strain."
The notice of temporary compensation payable was subsequently converted to a notice of compensation payable (NCP).
A review of the case reflects that the parties have filed numerous petitions, including several review petitions, several petitions to review medical treatment (review medical petitions), several penalty petitions, a reinstatement petition, a suspension petition and a termination petition. On July 25, 2000, WCJ Albert E. Wehan circulated a decision approving a compromise and release agreement (C&R) between the parties, which resolved the indemnity portion of the case. Pursuant to the C&R, Claimant received $10,000.00 and Employer's workers' compensation insurer remained responsible for Claimant's medical expenses related to her work injury.
The C&R also specified that Claimant had filed a review petition alleging additional injuries to her back, legs and head that were caused by her July 17, 1998 fall. The C&R further noted that there were other outstanding review and review medical petitions. The case continued to be litigated and Claimant filed additional review petitions. Also, Employer filed a termination petition.
On September 10, 2002, WCJ Wehan recused himself and the case was reassigned to WCJ Peckmann. On March 17, 2003, the WCJ issued a decision dismissing all pending petitions except for a review petition assigned to WCJ Wehan on June 23, 2000, a termination petition assigned to WCJ Wehan on December 18, 2000, and a penalty petition assigned to WCJ Wehan on August 14, 2002. The WCJ narrowed the issues in the case to: (1) whether Employer violated the Workers' Compensation Act (Act) by paying her previous attorney $500.00 instead of paying her; (2) whether Employer failed to properly pay Claimant's medical expenses; (3) whether Claimant sustained any additional compensable injuries related to her fall; and (4) whether Employer was entitled to a termination of benefits based upon its medical evidence that Claimant's spinal injuries had resolved.
On April 13, 2004, the WCJ circulated a decision denying Employer's termination petition on the ground that he rejected Employer's medical evidence that Claimant had fully recovered from her spinal strain. The WCJ also denied Claimant's penalty petition on the ground that Claimant failed to establish any violations of the Act. The WCJ granted Claimant's review petition on the ground that Claimant sustained her burden of proving that her work-related injuries included a lumbar strain, post-concussion syndrome, cognitive disorder associated with mild concussion brain injury (cognitive disorder) and post-traumatic fibromyalgia. As a result, the WCJ amended the NCP to include those injuries. The WCJ also directed Employer to pay for all reasonable and necessary medical expenses related to those injuries.
On appeal, the Board affirmed. Employer's petition for review to this Court followed. On review, we are limited to determining whether the necessary findings of fact are
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