Abington Memorial Hospital v. Workers' Compensation Appeal Board11/30/2005
Abington Memorial Hospital (Employer) petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of a workers' compensation judge (WCJ) granting the claim petition of Patricia Wills (Claimant) pursuant to the provisions of the Pennsylvania Workers' Compensation Act (Act).
On January 13 and 15, 2003, Claimant filed two separate but identical claim petitions in which she alleged that she suffered injuries in the nature of cervical herniated discs at the C5-6 and C6-7 levels, cervical radiculopathy, thoracic sprain, left shoulder sprain and tendonitis, lumbar sprain, and refleX sympathetic dystrophy on July 29, 2001 while in the course and scope of her employment as a licensed practical nurse for Employer. Claimant also alleged that, as a result of these injuries, she was fully disabled from December 2, 2002 onward. On January 24 and February 19, 2003, Employer filed answers to the petitions in which it admitted the allegations in the petitions only to the extent that Claimant suffered a left shoulder sprain, and denied all of the other material allegations raised therein. Claimant's petitions were consolidated for disposition, and hearings before the WCJ ensued.
At the hearings, in support of the claim petitions, Claimant testified and presented the deposition testimony of Anca Bereanu, M.D., a physician board certified as an independent medical examiner and in clinical neurology. In opposition to the petitions, Employer presented the deposition testimony of Lora Regan, M.D., a physician board certified in internal medicine and occupational medicine, and the deposition testimony of Carolyn Beard, Employer's workers' compensation nurse.
Claimant testified that on July 29, 2001, she felt sharp pain and a snap across her left shoulder and neck, and shooting pain down her left arm, while she was lifting a patient. Within a half hour, she had a severe headache and muscle spasm in the cervical thoracic area up to her neck. She reported the incident and she did not finish her shift. Claimant went to the emergency room for treatment where she complained of pain radiating down her left arm, a knot toward the back of her left shoulder, and a severe headache. She was put on light duty for several weeks, and continued to have problems when she eventually returned to full duty.
In July of 2002, Claimant again had a shooting pain down her left arm, a knot toward the back of her shoulder, and a severe headache after she had transferred a patient. She reported the incident and was sent to employee health.
She was put on light duty for several weeks, and then again returned to full duty work.
In December of 2002, an agitated patient pulled Claimant's left arm. She again had shooting pain in her left arm, tightness going up her neck to her eye, and she developed a severe headache. She reported the incident. The following day, Claimant received medical treatment as she continued to suffer from numbness and tingling down her left arm and a severe headache. She was given medication for her symptoms, and light duty work was recommended.
Claimant sought treatment by her own physician, Dr. Goodman, on December 24, 2002, and was referred to Dr. Bereanu on January 8, 2003. Dr. Bereanu performed an EMG in February of 2003, and administered injections. Claimant's current complaints consist of muscle spasms of her cervical thoracic area, radiating pain down her left arm, burning under her arm, numbness in her forearm, and tingling and numbness in two fingers. Claimant also has severe headaches, nausea and vomiting. Claimant stated that she cannot return to light duty work.
Dr. Bereanu
Page 1 2 3 4 5 Pennsylvania Employee Leasing Services
Employee Leasing Services
|