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Salvio v. Workers' Compensation Appeal Board10/21/2005
Laurie L. Salvio (Claimant) was employed by Columbia Gas of Pennsylvania (Employer) as a meter reader when she suffered a work-related injury on March 7, 2001. Employer issued a notice of compensation payable (NCP) in the amount of $536.17 based on her average weekly wage of $804.25. On April 22, 2003, Employer petitioned to suspend benefits and alleged that "Claimant was released to return to modified duty work [and that] Employer extended a job offer to the claimant, and she has failed to return to work." Petition to Suspend Compensation Benefits, April 22, 2003, at 1; Reproduced Record (R.R.) at 129a. Claimant denied all allegations. In support of suspension/modification , Employer presented the deposition of David R. Oliver-Smith, M.D. (Dr. Oliver-Smith), board-certified in neurosurgery. Dr. Oliver-Smith examined Claimant on February 18, 2003, obtained her history and reviewed medical records. Dr. Oliver-Smith stated:
My impression was that she had symptoms that were fairly typical of bilateral carpal tunnel syndrome, worse on the right than the left. And right elbow pain, which I did not believe was the same as her carpal tunnel syndrome. It was caused by another problem.
Deposition of Dr. David R. Oliver-Smith (Dr. Oliver-Smith Deposition), October 7, 2003, at 11; R.R. at 209a. Dr. Oliver-Smith opined that Claimant could perform the offered position of meter reader:
I felt that there should be no real restrictions on her ability to sit, stand or walk. With regards to lifting, I felt that she could lift up to 20 pounds frequently. And occasional lifting from 21 pounds to 50 pounds. I felt that she should not use her hands for repetitive actions, including grasping, pushing, pulling, and fine manipulating; that she could use her feet for repetitive movements, and that she had no restrictions regarding bending, squatting, crawling, climbing, reaching above the shoulder level. The only other stipulations, that I felt that she was not to use power tools. And I felt that she was able to return to work within those capacities effective immediately. And that was dated 3-13-03.
Dr. Oliver-Smith Deposition at 14; R.R. at 212a. Finally, Dr. Oliver-Smith concluded that Claimant would be unable to perform jobs that required repetitive use of her hands such as operation of power tools, " eamtress, or machine operator, typist . . . assembly line work." Dr. Oliver-Smith Deposition at 16; R.R. at 214a.
Employer also introduced the testimony of William Douglas Deal (Deal), frontline leader for meter reading collections. Deal testified that the job of meter reader required the following equipment and duties:
The main piece of equipment that we use is, it's called a Husky unit. It's a handheld porta-processor . . . .
his is what they enter their actual readings into. The routes are loaded into the book each night, and into the processor each night . . . .
So when they come in every morning it's already loaded up. This is where they enter in their readings, and it takes them right through the route. This device has all the information that they need to read meters, it tells you where you're going, where the next meter is, where the meter's located. It tells you everything that you need to know. . . . . . . . Typically, probably 99 percent of our meters have just four dials on them, so they punch in the reading, four numbers. Move on to the next meter as it is in sequence on the route, and continue reading until they're finished with their route for the day.
Notes of Testimony (N.T.), January 20, 2004, at 32-33 and 38-39; R.R. at 32a-33a and 38a-39a. Deal concluded that the porta-processor weighed abo
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