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Savallish v. Workers' Compensation Appeal Board10/7/2005
ery was not directly related to, or the probable consequence of, Claimant's work related injuries of 1989, 1992 and 1997. See WCJ Decision at 7. Rather, the WCJ relied upon the credible testimony of Dr. Leone which established that the 1999 period of disability and back surgery was directly related to, or the probable consequence of, Claimant's non-work related injury of January 4, 1999. Id. When viewed in a light most favorable to Employer, these findings are amply supported by substantial evidence in the certified record of this case , and support the WCJ's determination that Claimant continued to be employed until September 9, 1977. Thus, the correctly found that Claimant's disability did not commence immediately after he sustained the work-related injury of July 28, 1977, since said injury did not result in a loss of earning power. Because Claimant became disabled within the intendment of the Act only after he suffered a nonwork injury, Claimant had the burden of proving that his disability, although precipitated by a nonwork incident, was causally connected to a previous work injury.. Applying the proper legal standard and without capriciously disregarding competent evidence, the found that Claimant's fall at home, and subsequent disability, neither resulted from, nor was the probable consequence of, the work injury of July 28, 1977.."). As a result, the Board did not err in affirming the WCJ's decision in this case.
Accordingly, the order of the Board is affirmed.
AND NOW, this 7th day of October, 2005, the order of the Workers' Compensation Appeal Board, dated March 22, 2005 at No. A03-3180, is AFFIRMED.
JAMES R. KELLEY, Senior Judge
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