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City of Philadelphia v. Workers' Compensation Appeal Board11/17/2005
City of Philadelphia (Employer) petitions for review of a decision of the Workers' Compensation Appeal Board (Board), affirming the decision of a Workers' Compensation Judge (WCJ), granting Michael Adams (Claimant) specific loss benefits pursuant to the provisions of the Pennsylvania Workers' Compensation Act (Act). We reverse.
Claimant was employed by Employer as a firefighter. On May 8, 1997, while responding to a fire, he fell while climbing on the back of the ladder truck. Claimant fell approximately one foot and sprained his left knee. Employer accepted liability for the injury pursuant to a notice of compensation payable and Claimant began receiving disability benefits.
In 1998, Claimant returned to work at full-duty. However, in 1999, he sustained a second left knee injury when he slipped at work. He returned to work at light-duty. Claimant was then awarded a disability pension in 2000.
In 2002, Claimant filed a claim petition alleging that the 1997 work-related injury to his left lower extremity result in a loss of use to his left leg. Employer denied this allegation.
A hearing was held before the WCJ. At the hearing Claimant testified that he was currently collecting his disability pension and working forty hours per week as a mail clerk at a law firm. Claimant stated that his job entails that he sort mail and deliver envelopes and documents to court. He also explained that he has his own cleaning business. He stated that he works two hours a week dusting, emptying trash and cleaning the bathrooms for a company named Hydramatic.
Claimant testified that he has pain and stiffness in his left knee and upper leg. He stated that he cannot climb a ladder, swim, or water ski anymore due to his knee. He explained that if he sits for a long period of time the muscle gets stiff and causes pain. He also stated that his knee has "given out" a few times when he is walking. (R.R. at 46a).
Claimant agreed that he does stretching exercises and can bend to tie his shoes and dress. He also agreed that he can drive. He also takes long walks. Claimant testified that he can walk "a couple miles" at a time and he does not need a cane or other support. (R.R. at 40a). He stated his bedroom is on the third floor of his home and he can walk up and down the stairs without difficulty.
Brian J. Sennett, M.D. testified on behalf of Claimant. He stated that in 1998 he performed a functional capacity evaluation on Claimant. At that time, he informed Claimant that he could not return to work full-duty as a firefighter.
He stated that Claimant "came in at the 'heavy work level' but not the very heavy work level which was required for a firefighter." (R.R. at 82a). However, Claimant informed him that he wanted to attempt to return to work as a firefighter. Dr. Sennett stated that he agreed to release Claimant to return to work.
In 1999, Dr. Sennett treated Claimant following his second knee injury. He stated that Claimant eventually fully recovered from the second injury, but continued to have difficulties from the 1997 injury, including decreased strength of his quadriceps and difficulty with his kneecap. He stated that Claimant's problems stem from a medial meniscus tear from his original injury and an aggravation of his chondromalacia patellar. Dr. Sennett noted that Claimant had decreased quadriceps size, no effusion and continued patella femoral. He stated that Claimant has difficulty squatting, stooping, kneeling, inclining and running. He opined that his injuries are permanent. He also stated that Claimant's chondromalacia can cause his leg to buckle without warning. He explained that Claimant walks with
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