 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Savallish v. Workers' Compensation Appeal Board10/7/2005
. This Judge finds as credible Claimant's testimony that he injured his lower back on January 4, 1999, while lifting a snow blower.
c. This Judge finds that Claimant's surgery on July 15, 1999, and subsequent disability were not work related. This Judge finds as more credible and persuasive Dr. Leone's opinion that the January 4, 1999, incident was the precipitating event which led to Claimant's surgery by Dr. Lewis on July 15, 1999. This Judge finds it significant that Claimant, himself, acknowledged that on January 4, 1999, he heard a pop in his lower back while lifting a snow blower. This Judge finds it significant that Claimant acknowledged the incident on January 4, 1999, brought tears to his eyes. This Judge finds it significant that Claimant acknowledged he did not have pain going down his legs until the incident on January 4, 1999. This Judge finds it significant that Claimant was working at his regular job for almost two (2) years after the February 14, 1997 work injury. This Judge finds it significant that Dr. Leone opined the January 4, 1999 incident is a classic type of mechanism for injuring the back and was the precipitating event that led to Claimant's surgery. This Judge does not find as credible Dr. Lewis' opinions where they conflict with Dr. Leone's opinions concerning the cause of Claimant's surgery and disability after July 14, 1999. There is no dispute that Claimant suffered three (3) prior work related injuries to his back. However, Claimant did not miss a significant amount of time for these injuries and it was only after the incident on January 4, 1999, where the Claimant heard the pop and experienced excruciating pain that the Claimant could not continue to work and eventually required surgery. In fact, Claimant only missed seven days of work following the February 14, 1997 work injury and was still working at the time of the snow blower incident. While Dr. Leone acknowledged that Claimant had pre-existing disc disease, this Judge finds it significant that Dr. Leone explained that the 1997 injury temporarily aggravated Claimant's pre-existing condition and the lifting incident at home in January of 1999 ultimately led to Claimant's surgery.
WCJ Decision at 6-7.
Based on the foregoing, the WCJ concluded that: (1) Claimant met his burden of proving that he suffered a work-related low back injury on February 14, 1997 and he is entitled to the payment of all reasonable and necessary medical expenses up to and including January 3, 1999; and (2) Claimant failed to meet his burden of proving that his surgery on July 15, 1999, and subsequent disability, were the result of any work-related injury that occurred within the course and scope of his employment with Employer. Id. at 8. Accordingly, the WCJ issued an order granting, in part, Claimant's claim petitions.
On December 1, 2003, Claimant appealed the WCJ's decision to the Board. On March 22, 2005, the Board issued an order and opinion affirming the WCJ's decision. Claimant then filed the instant petition for review.
In this appeal, Claimant contends that the Board erred in affirming the WCJ's decision because the WCJ's findings of fact, the substantial evidence of record and Pennsylvania law support the determination that his back surgery of July 15, 1999, and subsequent disability, were the result of his prior work related injuries of 1989, 1992 and 1997.
Initially, we note that this Court's scope of review is limited to determining whether there has been a violation of constitutional rights, errors of law committed, a violation of Board procedures, and whether necessary findings of fact are supported by substantial evidence. Lehigh County Vo-Tech School v. Workmen's Com
Page 1 2 3 4 5 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|