Savallish v. Workers' Compensation Appeal Board10/7/2005
Rick Savallish (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of a workers' compensation judge (WCJ) granting in part Claimant's claim petition for compensation benefits pursuant to the provisions of the Pennsylvania Workers' Compensation Act (Act). We affirm.
On August 10, 1989, Claimant sustained an injury in the nature of a lower back strain while in the course and scope of his employment as a dockworker for Roadway Express, Inc. (Employer). Claimant returned to work on August 16, 1989; however, he suffered a recurrence of the injury on September 5, 1989. Pursuant to a Notice of Compensation Payable dated September 22, 1989, Claimant received compensation benefits of $399.00 per week. Pursuant to a Supplemental Agreement dated October 16, 1989, Claimant's compensation benefits were modified to $288.75 per week based upon Claimant's return to work in a modified duty position. Claimant's compensation benefits were terminated as of November 14, 1989 pursuant to a Final Receipt signed by Claimant on that date.
On April 30, 1992, Claimant sustained an injury in the nature of a lower back strain while in the course and scope of his employment as a dockworker for Employer. Pursuant to a Notice of Compensation Payable dated May 20, 1992, Claimant received compensation benefits of $455.00 per week. Claimant's compensation benefits were terminated as of July 29, 1992 pursuant to a Final Receipt signed by Claimant on August 4, 1992.
On February 14, 1997, Claimant worked for Employer as a long haul driver. On that date, Claimant hit a sinkhole on Route 287 while driving a truck for Employer. He was thrown to the roof of the cab and his seat slammed back down. As a result of the incident, he had a lot of pain in his lower back and neck. That same day, he later hit a pothole as well which seemed to aggravate his condition. On his return home the following day, he sought medical treatment, x-rays were taken, and he was given pain medication. He missed one week of work as a result of the incident. On February 28, 1997, Employer issued a Notice of Compensation Denial which stated that Claimant had not submitted unequivocal, credible evidence that he had sustained an injury arising in the course of employment and that it was related thereto.
On January 4, 1999, Claimant felt something pop in his back while lifting a snow blower at his home. The incident brought tears to Claimant's eyes.
He went to his family doctor, and he was sent for a CAT scan and prescribed medication. Following the incident, Claimant missed two weeks of work and continued working until May 26, 1999. Eventually, Claimant was treated by P. Jeffrey Lewis, M.D., who referred Claimant for an MRI and discogram. On July 15, 1999, Dr. Lewis performed surgery on Claimant's back. Claimant returned to work for Employer on January 17, 2000.
In February of 2000, Claimant filed two claim petitions in which he alleged that he suffered an injury in the nature of a lumbar disc herniation and strain due to his work related injury of February 14, 1997. Claimant sought full disability benefits from February 16, 1997 to February 23, 1997 and from May 25, 1999 to January 2, 2000. On March 2, 2000, Employer filed an answer to the petitions denying all of the material allegations raised therein, the petitions were consolidated for disposition and hearings before a WCJ ensued.
In support of the petitions, Claimant testified and presented the testimony of Jeffrey Cole, another truck driver for Employer, and the deposition testimony of Dr. Lewis, a physician board certified in neurosurgery. In opposition to the peti
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