 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Buck Castings12/6/2005
Buck Castings, Inc. (Employer) petitions for review of the April 8, 2005 order of the Workers' Compensation Appeal Board (Board) which affirmed in part, as modified, and reversed in part the order of the Workers' Compensation Judge (WCJ) granting the claim petition filed on behalf of Deborah Dolan (Claimant) and ordering Employer to pay Claimant $322.00 per week in total disability benefits. Employer contends that (1) the WCJ erred in granting Claimant's petition for benefits where she failed to present medical evidence establishing that the injury was work-related and (2), the Board erred in failing to award Employer a credit against Claimant's disability benefits for the overpayment of benefits for the period of April 9, 2002 through January 7, 2003. For the reasons that follow, we affirm in part and reverse in part.
On October 19, 2001, Claimant filed a claim petition for benefits alleging that she sustained a bilateral upper extremity injury on September 12, 2001 during the course of her employment. Employer initially denied the claim; however, on December 21, 2001, it issued a notice of temporary compensation payable (NTCP). On January 2, 2002, Employer filed a notice stopping temporary compensation payable indicating that although an injury occurred, Claimant was not disabled from working due to the injury and had returned to work at wages equal to or in excess of her pre-injury wage.
The parties appeared before the WCJ on May 17, 2002, where they agreed that the record would be closed on the claim petition and that they would enter into a stipulation regarding Claimant's injury in the nature of carpal tunnel syndrome. The parties further agreed that Claimant would file either a petition to review compensation or claim petition regarding other alleged injuries depending on the medical evidence.
On July 1, 2002, Claimant filed a petition to review compensation requesting recognition of a left thumb and left shoulder injury. Claimant filed a claim petition on July 23, 2002 seeking compensation for a left shoulder impingement and left thumb injury suffered on January 11, 2002. Employer filed a timely answer denying the allegations of the claim petition.
On August 9, 2002, the parties stipulated to the following: (1) Claimant was employed by Employer and sustained a work-related injury on September 12, 2001 in the nature of bilateral carpal tunnel syndrome; (2) Claimant was totally disabled from September 13 through September 19, 2001 and November 8, 2001 through January 2, 2002 as a result of her injury, at which time she returned to work with no loss of wages. Claimant was previously awarded compensation pursuant to a NTCP for the period of November 8, 2001 through January 1, 2002 and Employer agreed to compensate Claimant for the period of September 13 through September 19, 2001; (3) Claimant was alleging a subsequent disability and work injuries in the nature of a left thumb, left shoulder, and cervical spine injury, which was not part of the stipulation; and (4) Employer is responsible for all related, reasonable and necessary expenses for Claimant's carpal tunnel injury.
Claimant testified that on September 12, 2001, she was working for Employer as a regrinder. Her job involved striking down metal clamps, elevator pulleys, metal castings and other pieces and removing excess metal from them. She also used a burr gun to remove holes from the metal pieces. The metal pieces varied in weight from 1 to 60 pounds. On September 12, 2001, Claimant's hands went numb while she was regrinding, which caused the metal piece to slip around the burr gun and cut her arm.
Claimant stated that Dr. James Carson performed carpal tunnel surgery
Page 1 2 3 4 5 6 7 8 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|