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One Source v. Workers' Compensation Appeal Board11/22/2005
One Source (Employer) petitions for review of the April 13, 2005, order of the Workers' Compensation Appeal Board (WCAB), which affirmed in part and reversed in part the decision of a workers' compensation judge (WCJ) awarding benefits to Josephine Carter (Claimant) for a closed period. We affirm in part, reverse in part and remand.
Claimant's work for Employer involved cleaning offices from 5:00 p.m. to 11:00 p.m., and her job duties included vacuuming, dusting and loading trash. On March 5, 2003, Claimant filed a claim petition alleging that, on February 6, 2003, she suffered a work-related injury to her neck, with pain in her shoulders and post-traumatic cephalgia (headache) caused by lifting and carrying boxes of files to the trash. Employer filed a timely answer denying those allegations, and the matter was assigned to a WCJ.
In support of her petition, Claimant testified that she felt a sharp pain in her back and neck while lifting heavy boxes on February 6, 2003. Claimant stated that she finished her shift and returned to work as scheduled for the next two days. According to Claimant, her pain worsened considerably and she was unable to return to work thereafter. Claimant testified that she initially treated with her family doctor, who prescribed medication and gave Claimant a note excusing her from work for several days. Claimant stated that she then saw "the company doctor," who prescribed Motrin for her pain and referred her to Novacare for physical therapy. Claimant stated that she did not go to Novacare for therapy because she was in too much pain. (R.R. at 16a-25a.)
Claimant testified that she has been seeing Stephen Ficchi, D.O., since March 2003. She stated that Dr. Ficchi provides her physical therapy, heat and cold treatment, acupuncture and massage. Claimant testified that she continues to experience severe headaches, pain in her neck, shoulders and back, and numbness and tingling from her neck to her hand. Claimant stated that she did not believe she was able to return to her pre-injury position due to the pain. (R.R. at 26a, 30a, 32a.) On cross-examination, Claimant acknowledged that her family doctor had released her to return to work as of February 17, 2003, and that a Dr. Schwartz had released her to return to limited duty as of February 27, 2003. (R.R. at 37a, 39a.)
Claimant also presented the deposition testimony of Dr. Ficchi. Dr. Ficchi testified that an April 3, 2003, MRI of Claimant's cervical spine showed a broad-based disc herniation at C5-6 and multiple disc bulging throughout the cervical spine. He stated that an EMG dated May 8, 2003, indicated an acute bilateral C5-C6 radiculopathy and that the test results reflected an injury that would have occurred within the past few months. Dr. Ficchi testified that he had last evaluated Claimant on September 3, 2003, at which time Claimant continued to experience neck pain, bilateral upper extremity symptoms and headaches. Dr. Ficchi diagnosed Claimant as suffering from a cervical strain and sprain with dysfunction, myofascial pain syndrome, a herniated nucleus pulposus at the C5-C6, bilateral trapezius myofascitis and a bilateral C5-C6 radiculopathy and post-traumatic headache disorder. Dr. Ficchi opined with a reasonable degree of medical certainty that Claimant's medical problems directly resulted from her work injury of February 6, 2003. In addition, Dr. Ficchi expressed his belief that Claimant was not able to return to any type of gainful employment. (R.R. at 131a-36a; exhibits C-1, C-2 and C-3, R.R. at 171a-75a.)
On cross-examination, Dr. Ficchi acknowledged that he had not reviewed any medical records concerning Claimant's prior treatment for the work injury. Dr.
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