 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Anderson v. Workers' Compensation Appeal Board11/2/2005
Albert Anderson (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed a decision of a Workers' Compensation Judge (WCJ) to deny Claimant's Reinstatement Petition.
The record indicates that Claimant sustained a work-related occupational disease in the nature of "diffusing abnormality related to parenchymal lung disease which was caused by multiple episodes of smoke inhalation and asbestos exposure" with an onset date of May 12, 1993. (WCJ Decision, November 13, 1996, at 2); (WCJ Decision, July 13, 2004, Finding of Fact (FOF) 2.)
After Claimant stopped working as a firefighter for Employer because of his work-related disability, he began working in a seasonal position at Rita's Water Ice as a driver/gofer. (FOF 2, 4.) He worked as a driver/gofer from April to September, full time, five days per week for approximately three years. (FOF 4.) Claimant testified that he had to leave that employment because of a worsening of his condition. (FOF 3, 4.) He testified that he could no longer physically perform the job, as physical exertion caused him to become "completely out of breath." (FOF 4.) Claimant's employment with Rita's Water Ice ended in 1997, after which he filed the Reinstatement Petition at issue seeking temporary total disability benefits as of January 16, 2002, because of his decreased earning power. (FOF 3, 4.)
In support of his Reinstatement Petition, Claimant produced the expert deposition testimony of Jonathan Gelfand, M.D., whom the WCJ had found credible during the litigation over the Claim Petition. Dr. Gelfand is board certified in internal medicine and pulmonary disease. (FOF 5.) Following his second examination of Claimant, on January 16, 2002, which included pulmonary function studies, Dr. Gelfand noted that Claimant's " ulse, respiration and blood pressure were normal." (FOF 6.) However, Dr. Gelfand did find that Claimant suffered from moderately severe reduction of diffusion and, based on a comparison with the pulmonary function studies he had performed in 1994, opined that "the diffusing capacity was significantly worse than it was in 1994." (FOF 7.) "As of January 16, 2002, Dr. Gelfand diagnosed pleural thickening caused by asbestosis and impairment of diffusion in his lungs also caused by exposure to asbestos. He testified there had been deterioration in the diffusion capacity of Claimant's lungs over the last eight years and progressive shortness of breath on exertion which has also become worse since 1994." (FOF 9.) He opined that Claimant's past exposure to asbestos at work was the cause of the deterioration and Claimant could no longer perform any work because of the necessity to avoid physical exertion related to work or transportation to work. (FOF 9, 10.)
In opposition to the Reinstatement Petition, Employer produced the deposition testimony of Scott Manaker, M.D. a specialist in pulmonary medicine with board certifications in pulmonary diseases, internal medicine and critical care medicine. (FOF 12.) The WCJ noted that, from 1995 to 1998, Dr. Manaker was the director of the pulmonary function testing laboratory, the pulmonary exercise laboratory, and the pulmonary rehab program at the Hospital of the University of Pennsylvania. (FOF 12.) He noted that Claimant's physical examination was normal, with normal breath and heart sounds. (FOF 14.) Moreover, " is extremities did not show any signs of abnormalities such as digital clubbing that might be associated with an underlying lung or heart disease." (FOF 14.)
In regards to the pulmonary function studies performed, Dr. Manaker explained that he conducted three sets of tests: spirometr
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.
|
|