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Wesbury United Methodist Community v. Workers' Compensation Appeal Board9/29/2005
Wesbury United Methodist Community (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 reinstatement petition of Dorothy Chapman (Claimant), denying Claimant's penalty petitions, and denying Employer's termination petition under the provisions of the Pennsylvania Workers' Compensation Act (Act). We affirm.
On December 17, 1997, Claimant sustained an injury in the nature of a low back strain while in the course and scope of her employment as a nurse's aide for Employer. Claimant missed a few days from work, was initially treated by a Dr. Babins, and then continued in her regular position.
In August of 1999, Claimant was under the care of Dr. Macielak who imposed a thirty-pound weight restriction. Pursuant to an Agreement for Compensation, Claimant received weekly temporary total compensation benefits of $271.00 based upon an average weekly wage of $351.73. By agreement the compensation benefits were suspended as of June 17, 1999, and Employer agreed to continue to pay for medical treatment causally related to the work-related injury. Claimant last worked for Employer on October 20, 1999.
On October 26, 1999, Claimant filed a petition to reinstate compensation benefits in which she alleged that, as of October 20, 1999, her disability which gave rise to her original claim continues and her earning power is again adversely affected by the disability through no fault of her own. On November 22, 1999, Employer filed an answer to the petition denying all of the material allegations raised therein.
On February 12, 2001, Employer filed a petition to terminate compensation benefits in which it was alleged that Claimant had fully recovered from her work-related injury as of November 16, 2000. On March 16, 2001, Claimant filed an answer to the petition denying all of the material allegations raised therein. The petitions were consolidated for disposition, and hearings before the WCJ ensued.
In support of the petition, Claimant testified and presented the reports and deposition testimony of William Welch, M.D., a physician board certified in neurosurgery, a report from Meadville Medical Center and hospital records from UPMC. In opposition to the petition, Employer presented the medical report and deposition testimony of D. Kelly Agnew, M.D., a physician board certified in orthopedic surgery.
Dr. Welch testified that he began treating Claimant on November 18, 1999. Dr. Welch started with Claimant's medical history which revealed that she had received eleven epidural steroid injections as well as a course of physical therapy. An MRI and myelogram of October 1999 revealed a broad based disk bulge or rupture at the L5-S1 level, causing a moderate lumbar narrowing or spinal stenosis. Dr. Welch believed that the disk bulge or rupture was causing Claimant to have nerve root irritation or radiculopathy.
On February 14, 2000, Dr. Welch performed bilateral diskectomies of both the L4-5 and L5-S1 levels, whereby disk material was removed at both levels. Dr. Welch released Claimant to full duty starting May 1, 2000. However, he again saw Claimant in July of 2000 due to continued back pain. Dr. Welch stated that Claimant is not a hundred percent, but that she has made a full functional recovery as of July, 2000.
Dr. Agnew testified that he evaluated Claimant on March 31, 1999, January 12, 2000 and November 16, 2000. Dr. Agnew found Claimant to have a mild lumbar stenosis at the L4-5 level without any neurogenic claudication symptoms. As of the final examination, Dr. Agnew felt that Claimant did not need any fur
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