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Bob Evans Restaurant v. Workers' Compensation Appeal Board11/1/2005
ibed, but because they differ too much from the much larger body of findings by providers who have had an opportunity to examine her on a number of occasions over time, particularly since treating providers have continued to find the presence of muscle spasms, which is an objective indicator of injury.
WCJ's Decision at 8-9; R.R. 670a-671a.
In Finding of Fact 42, the WCJ stated that Claimant did suffer a lumbar strain as a result of her fall on July 17, 1998 and that she continues to be in need of care for that injury. In support of that finding, the WCJ cites the medical reports of Dr. Brian T. Carver, Dr. Jack Herd, Dr. Edwin A. Aquino, Dr. Gerald M. Dincher and Dr. Adrian J. Hohenwarter. Id.
Dr. Carver, a chiropractor, examined Claimant on August 2, 2002 and again on December 9, 2003. F.F. 31, 32. On both occasions, Dr. Carver opined that Claimant is suffering from chronic cervical and lumbar spine neuritis and subluxation, with accompanying sciatic pain and post-traumatic fibromyalgia, all related to her July 17, 1998 work injury. See Dr. Carver's August 23, 2002 and December 16, 2003 Reports; R.R. 633a-634a; 635a-636a. On both occasions, Dr. Carver stated that Claimant continues to regress and will continue to do so unless she receives further treatment.
In addition, Dr. Aquino, a physiatrist, examined Claimant on March 28, 2000 and opined within a reasonable degree of medical certainty that Claimant suffers from chronic lumbosacral strain and sprain. F.F. 25; Dr. Aquino's Deposition at 20; R.R. 417a. In view of the WCJ's findings that Claimant continues to have lumbar and cervical spine problems related to her work injury and that she continues to need care for those injuries, we must conclude that the WCJ did not err in rejecting Employer's request for a termination as to Claimant's spinal injuries. Clearly, Employer has failed to meet its burden of establishing that Claimant has fully recovered from those injuries. As a result, a termination as to those injuries was not warranted. Campbell.
In view of the foregoing, the order of the Board is affirmed.
ORDER
AND NOW, this 1st day of November, 2005, the May 2, 2005 order of the Workers' Compensation Appeal Board is hereby AFFIRMED.
JESS S. JIULIANTE, Senior Judge
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