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Bey v. Workers' Compensation Appeal Board9/14/2005
Karim Bey (Claimant) petitions for review of a decision of the Workers' Compensation Appeal Board (Board) which denied Claimant's appeal in part and affirmed the decision of the Workers' Compensation Judge (WCJ) which denied and dismissed Claimant's claim petition. We affirm.
Claimant filed a claim petition alleging that on March 2, 1993 he sustained an "injury to lower back into right leg, pain in both shoulders and right hand" when he slipped and fell while in the course and scope of his employment with Ford Electronics (Employer) as an assembler/packer. Employer filed an answer denying the allegations set forth in Claimant's claim petition.
In support of his position, Claimant testified on his own behalf that on March 2, 1993, he slipped and fell while working as an assembler for Employer. Claimant testified that after his work injury he began performing a light-duty job for Employer putting lids on an "IRA Unit". However, after performing this job for three weeks he stopped because he got up one morning and could not move. Additionally, Claimant stated that he was experiencing pain in his lower back and right leg. Claimant performed the light-duty position until April 20, 1993, when he stopped working. He never returned to his pre-injury position as an assembler.
Claimant also presented the deposition testimony of Dr. Natawadee Steinhouse, M.D. (Dr. Steinhouse), a family practitioner. Dr. Steinhouse first examined Claimant on May 5, 1993. Dr. Steinhouse diagnosed Claimant with a lumbosacral strain/sprain with right radiculopathy, strain and sprain of the right hand and wrist, contusion disc at L3-4 and L4-5, nerve irritation at L4-5, post traumatic anxiety disorder and post traumatic pain induced by depression. Dr. Steinhouse testified that Claimant's injuries were caused by his March 2, 1993 work injury. Dr. Steinhouse opined that Claimant was unable to return to his pre-injury position as an assembler/packer. However, Dr. Steinhouse did not give an opinion as to whether Claimant was disabled from the light-duty position.
Finally, Claimant presented the deposition testimony of Mr. Christopher Adams, a co-worker (Adams). Adams testified that he saw Claimant fall on March 2, 1993 and that he told Claimant to go to the dispensary. Adams subsequently provided information about the fall to Claimant's supervisor and Ms. Cathy F. Fad (Fad), Employer's workers' compensation coordinator.
In opposition to the claim petition, Employer presented the deposition testimony of Dr. Bruce R. Culp, M.D. (Dr. Culp), a family practitioner. Dr. Culp treated Claimant from March 8, 1993 through April 1, 1993. Dr. Culp diagnosed resolved right wrist sprain and resolving sacral contusion and released Claimant to work full duty. Dr. Culp concluded that Claimant was capable of returning to his pre-injury position. He also stated that he was familiar with the physical requirements of this position because he is the contract medical provider for Employer and has personally seen this job performed. Additionally, Dr. Culp told Claimant to limit his bending and to not lift more than 25 pounds. Dr. Culp also conveyed these restrictions to Employer.
Employer also presented the deposition testimony of Dr. Barbara M. Shelton, M.D. (Dr. Shelton), a rehabilitation specialist. Dr. Shelton examined Claimant on September 1, 1993 and diagnosed Claimant with a bone spur consistent with mild arthritis. Dr. Shelton found that the bone spur was not due to the work-injury of March 2, 1993. Dr. Shelton concluded that Claimant was physically capable of performing both positions without restrictions.
Next, Employer presented the deposition testimony of Fad, Emp
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