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Savallish v. Workers' Compensation Appeal Board10/7/2005
tions, Employer presented the deposition testimony of Anthony M. Leone, M.D., a physician board certified in orthopedic surgery.
Dr. Lewis testified that he first saw Claimant on February 4, 1999. A CAT scan and an MRI revealed degenerative discs at the L3-4, L4-5 and L5-S1 levels, and disc herniation at the L5-S1 level. He opined that the nature of Claimant's back problem for which he sought treatment was central disc herniation and lumbar instability at the L3-4, L4-5 and L5-S1 levels. On July 15, 1999, Dr. Lewis performed surgery on Claimant's back including an anterior lumbar fusion with interbody fusion cages, and bone graft from the iliac crest, at the L3-4, L4-5 and L5-S1 levels. Dr. Lewis opined that the three work related injuries Claimant sustained on August 10, 1989, April 30, 1992 and February 14, 1997 compromised the discs in his back, contributed to his disc herniation and instability, and predisposed him to suffer the non-work related injury of January 4, 1999. Dr. Lewis opined that Claimant's non-work related injury of January 4, 1999 was not the sole cause of Claimant's back problems, but was the final straw. Dr. Lewis opined that the treatment Claimant received from a chiropractor between December of 1997 and December of 1998 was related to the work related injury of February 14, 1997. He also opined that the treatment Claimant had received from his family doctor since the January 4, 1999 non-work related injury was related to his prior work related injuries. Dr. Lewis stated that he released Claimant to return to work as of January 7, 2000, as the Claimant was neurologically intact.
Dr. Leone testified that he saw Claimant on August 18, 2000. Dr. Leone opined that Claimant's lifting incident on January 4, 1999 is a classic type of mechanism for injuring his back, and was the precipitating event that led to Claimant's surgery in 1999. Dr. Leone opined that the work-related injury of 1997 was not responsible for a significant part of Claimant's problems or his need for surgery. Dr. Leone opined that Claimant's condition that ultimately required the surgery, the L3-4, L4-5 and L5-S1 disc disease, pre-existed both the 1999 lifting incident as well as the February 1997 incident, and was temporarily aggravated by the 1997 incident. He opined that it was the injury when Claimant was lifting that ultimately led to Claimant's surgery.
On November 10, 2003, the WCJ issued a decision disposing of Claimant's petitions in which he made the following relevant findings of fact:
[15.]a. On February 14, 1997, the Claimant suffered a work related injury to his lower back as a result of hitting a sinkhole while driving on Route 287 during the course and scope of his employment with [Employer]. As a result of his work injury, Claimant missed seven (7) days of work. Claimant is not entitled to any wage loss benefits as a result of his work injury pursuant to Section 306(e) of the Act. However, Claimant's compensation benefits shall be suspended and the Employer/Insurer shall pay Claimant's reasonable and necessary medical treatment incurred on account of his February 14, 1997 work injury, up to and including January 3, 1999.
his Judge also finds as credible and persuasive the opinions of both Doctors Lewis and Leone that Claimant had an incident where he sustained a work related injury to his lower back on February 14, 1997. However, this Judge does not find as credible or persuasive Dr. Lewis' opinions where they conflict with Dr. Leone's opinions concerning the extent of Claimant's February 14, 1997 work injury and disability.
b. On January 4, 1999, the Claimant suffered a non-work related injury to his lower back while lifting a snow blower
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