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Ayala v. Workers' Compensation Appeal Board11/2/2005
Hector Ayala (Claimant) petitions for review of the April 27, 2005 order of the Workers' Compensation Appeal Board (Board) that affirmed as modified a November 25, 2003 order of the Workers' Compensation Judge (WCJ) (1) denying the suspension and termination petitions filed on behalf of ERG Employment Agency (Employer), (2) granting in part Employer's petition to modify benefits and (3), dismissing Claimant's claim petition for benefits as moot. On appeal, we are asked to consider whether the Board erred in determining that Claimant was bound by Employer's expert medical testimony that Claimant did not suffer any disability as a result of injury to his left middle finger.
We affirm.
Per the WCJ's findings of fact, Claimant sustained a work injury to his left hand on July 6, 2001 when it became trapped in a chain. When attempting to remove his hand from the chain, Claimant realized that his left ring finger was cut in half. Claimant was taken to the hospital, where doctors were unsuccessful in their attempt to reattach Claimant's finger. Claimant also suffered a puncture injury to his left middle finger. Metal rods were inserted into both Claimant's left ring and middle fingers. Claimant developed an infection in his upper hand which was surgically healed.
Employer issued a notice of compensation payable (NCP) acknowledging that Claimant suffered an amputation of the left ring finger. Claimant began receiving $306.00 in weekly benefits on July 7, 2001.
On December 10, 2001, Employer executed an agreement for compensation for disability of permanent injury, which provided that the parties had agreed that Claimant was entitled to benefits for a healing period of July 7 through August 17, 2001, and for specific loss benefits from August 18 through November 30, 2001. (R.R. 17a) On December 31, 2001, however, Employer filed both a modification and suspension petition alleging that Claimant refused to sign the agreement. (R.R. 2a-3a) Thereafter, on June 18, 2002, Employer filed a petition to terminate benefits on the grounds that Claimant had fully recovered from his work injury and was able to return to unrestricted work and that there was a resolution to a specific loss claim. (R.R. 19a)
On September 3, 2002, Claimant filed a claim petition for benefits indicating that he sustained an injury to his left hand on July 6, 2001, which caused injury to his fingers and the workings of his hand.
Claimant testified on his own behalf before the WCJ. In addition to relating the mechanics of his injury, Claimant stated that he continues to experience ongoing pain in his left hand with hypersensitivity in the tip of his left ring finger. He stated that he is unable to grip objects with his left hand. When Claimant attempts to make a fist, the middle finger does not make contact with the palm and his amputated finger is approximately one inch away from the palm. Claimant stated that he is unable to perform his pre-injury position. Claimant acknowledged that his treating physician released him to work with the restriction of lifting no more than 30 pounds.
Employer offered the testimony of Dr. Scott Naftulin, who is board-certified in osteopathic family medicine, osteopathic and allopathic physical medicine and rehabilitation, electrodiagnostic medicine, and independent medical evaluations (IME), with a subspecialty certification in pain medicine. The doctor performed an IME of Claimant's left hand on June 4, 2002. After a review of Claimant's medical history pertaining to his left hand and consideration of Claimant's symptomology of intermittent discomfort of the left ring finger, Dr. Naftulin noted that Claimant's left ring finger w
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