 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Awan v. Workers' Compensation Appeal Board12/14/2005
Joann Awan (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board), affirming the decision of the Workers' Compensation Judge (WCJ), granting Employer's petition to modify/suspend the compensation benefits of Joann Awan (Claimant) and denying and dismissing Claimant's petition to review compensation benefits. We now affirm in part and reverse in part.
Claimant was employed as a crew person at a local McDonald's fast food restaurant in Media, Pennsylvania. In the course and scope of her employment on August 16, 2002, Claimant sustained an injury to her left elbow after striking it on a shelf. Claimant thereafter sought medical attention at the emergency room of a local hospital and was unable to resume her work with Employer. Claimant immediately began receiving total disability benefits pursuant to a temporary notice of compensation payable (NCP) issued by Employer. This temporary NCP described Claimant's injury as a fracture of her left elbow.
On February 13, 2003, at the request of Employer, Claimant underwent an independent medical examination by Dr. Richard Zamarin, a Board-certified orthopedic surgeon. Dr. Zamarin obtained a history from Claimant of her work injury and noted her ongoing complaints of pain, which included throbbing in her elbow and numbness in the middle three fingers of her left hand. Dr. Zamarin then conducted a physical examination of Claimant. Following his examination, Dr. Zamarin concluded that Claimant had sustained a contusion to her left elbow with a small chip fracture of the medial aspect of the olecranon. Nevertheless, Dr. Zamarin opined that Claimant could perform modified, light-duty work with only occasional lifting and carrying of a maximum of twenty pounds.
The very next day, February 14, 2003, Employer forwarded a letter to Claimant with an enclosed notice of ability to return to work based on the examination and opinion of Dr. Zamarin. Approximately six weeks later, by letter dated March 26, 2003, Employer offered Claimant a return to her pre-injury job as a crew person at its Media location. This job offer letter indicated that Claimant would be "expected to work a 5-7 hour shift with a maximum of 38.5 hours a week." (R.R. at 85a). This letter further indicated that her pay rate would remain the same at $7.25/hour and that she could start anytime after March 28, 2003.
By letter dated April 1, 2003, counsel for Claimant advised Employer that he had forwarded the job offer letter to Claimant's treating physician, Dr. Robert Sing, for his review. Dr. Sing would not release Claimant to return to work without reviewing a detailed job description concerning the offered position to ensure that the requirements of the position were within Claimant's physical limitations. Also by letter dated April 1, 2003, counsel for Claimant requested that Employer forward him a copy of the full job description for the offered crew person position.
Prior to the forwarding of this job description, Employer filed a petition to modify/suspend Claimant's compensation benefits alleging that Claimant was released to full-time, modified-duty work, that such work was offered to her and that she had declined the offer. Claimant filed an answer denying that she was offered a job within her physical and vocational abilities. Shortly thereafter, Employer forwarded a job description to Claimant for a position of crew person express. In a letter to Claimant's counsel dated July 30, 2003, Dr. Sing indicated that Claimant could not perform the offered job in light of her work injuries, which, as of that time, precluded her from any activities that required the use of her left shoulder, elbow, wrist or hand
Page 1 2 3 4 5 6 7 8 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|