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Bob Evans Restaurant v. Workers' Compensation Appeal Board11/1/2005
injury. In Finding of Fact 30, however, the WCJ stated that he did not give any weight to Dr. Beutler's opinion regarding Claimant's fibromyalgia. In Finding of Fact 35, the WCJ stated that he attached no weight to Dr. Silvaggio's opinion regarding Claimant's condition for the reason that she never examined Claimant.
In short, the WCJ found Dr. Hartman's opinion to be credible and persuasive and afforded it greater weight than the opinions of Dr. Beutler and Dr. Silvaggio, which were essentially rejected. Such determinations are within the exclusive province of the WCJ as fact finder, who is free to accept or reject the testimony of any medical witness, either in whole or in part. Rissi; McNulty. Having determined that the WCJ's finding that Claimant suffers from post-traumatic fibromyalgia related to the July 17, 1998 work injury is supported by competent medical evidence, we reject Employer's contention to the contrary.
II(b).
With regard to Claimant's cognitive disorder, Dr. William J. Hawthorne, III, a neuropsychologist, examined Claimant on September 16, 1999 and rendered a diagnosis of cognitive disorder associated with mild concussive brain injury related to Claimant's work-related fall. F.F. 22. As reflected by his September 16, 1999 Report, Dr. Hawthorne interviewed Claimant, discussed her work injury with her and administered numerous neuropsychological tests. See Dr. Hawthorne's September 16, 1999 Report; R.R. 579a-584a.
Dr. Robert M. Stein, a neuropsychologist who has treated Claimant since September 6, 2000, also diagnosed Claimant with mild neurocognitive disorder secondary to head trauma and chronic pain syndrome. F.F. 36. In his December 11, 2000 report, Dr. Stein opined that Claimant's complaints were consistent with post-concussion syndrome and post-traumatic fibromyalgia. Id.
In that report, Dr. Stein indicated that he reviewed Dr. Hawthorne's September 16, 1999 neurological evaluation and talked to Claimant about her complaints. Dr. Stein noted that Claimant complained of slow work speed, body-wide aching, fatigue, headaches and dizziness. In addition, Dr. Stein related all of Claimant's symptoms to her fall at work, noting that all of her symptoms started after her fall. Id. The doctor further noted that Claimant needed to be allowed to compensate for slower information processing and concomitant memory difficulty following her injury. Id.
In Finding of Fact 37, the WCJ noted that Dr. Stein examined Claimant again in August 2002 and administered some additional tests. Following that examination, Dr. Stein opined that Claimant's test results were consistent with someone who has suffered some degree of cognitive slowing as a result of a traumatic injury to the head. See Dr. Stein's August 12, 2002 Report at 2; R.R. 630a. Dr. Stein further opined that Claimant's cognitive impairments are permanent and will limit her ability to work to a part-time capacity. Id. at 3; R.R. 631a.
On November 25, 2003, Claimant was evaluated by Employer's neuropsychologist, Dr. Steven E. Samuel, who reviewed Claimant's medical records and also administered a number of neuropsychological tests. F.F. 38. Dr. Samuel found that there was an inconsistency between Claimant's subjective complaints and the objective testing data. Dr. Samuel concluded that there was no information in his evaluation of Claimant consistent with a diagnosis of post-concussion syndrome or organic brain damage.
In Finding of Fact 45, the WCJ stated that he found Dr. Stein's opinions that Claimant has cognitive deficits as a result of her July 17, 1998 work injury to be more credible than Dr. Samuel's opinion to the contrary. The WCJ noted that Dr
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