Amster v. Workers' Compensation Appeal Board11/28/2005
Steven L. Amster (Claimant) petitions for review of the July 18, 2005, order of the Workers' Compensation Appeal Board (WCAB), which affirmed the decision of a workers' compensation judge (WCJ) denying Claimant benefits. We affirm.
Claimant worked part time as a video sales associate for Best Buy Co., Inc., Store #582 (Employer). On December 19, 2002, while Claimant was assisting his supervisor, James Williams, "down-stock" nineteen-inch televisions, a television dropped, striking Claimant about the head, neck and shoulders. Following the incident, Claimant continued working. Claimant did not fill out an accident report for Employer, and the following day, Claimant worked both of his jobs. (Findings of Fact, Nos. 7b, 14a, 14b.)
Claimant also was scheduled to work on December 21, 2002, but while brushing his teeth that morning, his back locked up and he could not move. Claimant called Employer and informed his supervisor, Letitia Carney, that he could not work because of his back. Later that morning, Claimant's fiancée, Valarie Sample, called Carney and said that Claimant was going to the emergency room for treatment. Claimant returned to work on December 27, 2002, and continued to work for Employer until February 2003, when he voluntarily ended his employment because he was not being scheduled enough hours. (Findings of Fact, Nos. 7a, 7c; R.R. at 293a-97a, 306a.)
Between December 21, 2002, and May 2003, Claimant sought medical treatment for back pain and numbness in his arms and hands at various hospitals and from neurosurgeons, an orthopedist, and physical therapists. In May 2003, Claimant's treatment culminated in two surgeries to correct several disc herniations and bulging discs. During this time period, Claimant did not indicate to Employer or any medical personnel that the December 19, 2002, incident was a precipitating event for his injuries. (Findings of Fact, Nos. 7d, 7e; R.R. at 45a, 50a; Supp. R.R. at 212b, 214b.)
However, on June 21, 2003, Claimant filed a claim petition against Employer alleging that he sustained a work-related injury on December 19, 2002. Employer filed a timely answer specifically denying that Claimant's injuries occurred as alleged and denying that Claimant's inability to work after May 8, 2003, was causally connected to a work-related injury. Hearings were held before a WCJ. (Findings of Fact, Nos. 1, 4.)
In support of his petition, Claimant testified about the events of December 19, 2002. He stated that, when he was hit with the television, he immediately felt shockwaves go through his body, dizziness, numbness, tingling sensations, blurred vision, a headache, that he felt like he was going to pass out and that he could not "do much" for the next three to five minutes. (Findings of Fact, No. 7b.) Claimant also maintains that Williams knew of the accident and injury on December 19, because he was present. Further, Claimant testified that when he spoke to Carney on the phone on December 21, 2002, he advised Carney that his injury was the result of a work accident. Claimant admitted, however, that when he went to the emergency room on December 21, 2002, April 14, 2003, and April 15, 2003, to seek treatment, he did not tell the hospital staff that he had sustained a work-related injury or mention the December 19, 2002, incident. (Findings of Fact, Nos. 5, 7a, 7c, 7e, 9a; Supp. R.R. at 212b, 214b, 219b, 220b.)
Claimant also presented the deposition testimony of Richard Buonocore, M.D., a board-eligible neurosurgeon, who began treating Claimant on July 8, 2003. Dr. Buonocore testified about Claimant's medical condition, using the notes of and the diagnosis made previously by Drs. Hirsh and Chitale, oth
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