CPV Manufacturing, Inc. v. Workers' Compensation Appeal Board

805 A.2d 653, 2002 Pa. Commw. LEXIS 750
CourtCommonwealth Court of Pennsylvania
DecidedAugust 19, 2002
StatusPublished
Cited by12 cases

This text of 805 A.2d 653 (CPV Manufacturing, Inc. v. Workers' Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CPV Manufacturing, Inc. v. Workers' Compensation Appeal Board, 805 A.2d 653, 2002 Pa. Commw. LEXIS 750 (Pa. Ct. App. 2002).

Opinions

OPINION BY

President Judge COLINS.

Presented to this Court is the question of whether an employee’s time away from work to pursue medical treatment needed to resolve a workers’ compensation injury, where such treatment is readily available during non-work hours, constitutes a “disability” as that term is defined by the Workers’ Compensation Act1 and related case law. We conclude that it does not.

Petitioners, CPV Manufacturing, Inc., employer, and its insurer, PMA Insurance Group, have filed a petition for review of the order of the Workers’ Compensation Appeal Board (Board) affirming a Workers’ Compensation Judge’s (WCJ) award of partial disability benefits to claimant Darren McGovern, and granting claimant’s petition for review of a utilization review [655]*655determination. The three issues raised ask: 1) whether substantial evidence supports the finding that claimant met his burden of proving that he sustained a work-related injury, 2) whether substantial evidence supports the finding that claimant suffered a loss of earnings; and 3) whether the WCJ issued a reasoned decision. For the reasons set forth below, we affirm that part of the Board’s order affirming the grant of the claim petition, and the grant of the petition for review of the utilization review determination; we reverse that part of the Board’s order affirming claimant’s award of partial disability benefits granted for time away from work to seek medical treatment.

The facts are as follows. On October 28, 1996, employer filed a utilization review petition seeking review of claimant’s medical treatment from October 19, 1994 to the present. On February 10, 1997 claimant filed a petition for review of the Utilization Review Determination. On May 8, 1997, claimant submitted a claim petition alleging that on October 19, 1994 he sustained bilateral carpal tunnel syndrome and wrist and arm pain while working in the employ of CPV Manufacturing, Inc. as a receiving clerk. Employer filed an answer on June 4, 1997,2 denying all material allegations contained in the claim petition. The matter proceeded before a WCJ.

The WCJ found credible claimant’s testimony that because of pain that claimant was experiencing in his hands and wrists he scheduled a visit with Spencer Broad, D.C. The WCJ also found credible claimant’s medical expert, Spencer Broad, D.C., who testified that on October 24, 1994, he diagnosed claimant as suffering with bilateral carpal tunnel syndrome. Dr. Broad further testified that he scheduled an EMG that subsequently confirmed that claimant was suffering with bilateral mild carpal tunnel syndrome. (Finding of Fact No. lc; Deposition Testimony of Dr. Broad, pp. 10, 34-37.) Dr. Broad recommended a course of treatment involving carpal manipulations, myofascial release techniques, joint mobilization, and electrical stimulation. (Finding of Fact No. Id; Deposition Testimony of Dr. Broad, pp. 37-38.) By letter dated August 8, 1996, Dr. Broad informed employer that in his “strong opinion [claimant] is able to work with no significant restrictions as long as he is treated approximately one to two times per month.” (Deposition Testimony of Dr. Broad, pp. 11-12.)

Claimant credibly testified on his own behalf regarding the nature of his injury and the number of hours he works per week. Claimant testified that his place of employment closes early on Fridays. He leaves work around noon, goes home and changes clothes, and then travels to Dr. Broad’s office to receive his medical treatment. (Notes of Testimony of Darren McGovern, September 24, 1997, pp. 32-33.) The WCJ found that although claimant works at his pre-injury job, he lost eight hours per month to treat for his work injury. (WCJ’s Finding of Fact No. 2a.) The WCJ also found that when claimant takes time off from work to receive treatments, his employer writes “workers’ compensation” on claimant’s time card. (WCJ’s Finding of Fact No. 2c.) The WCJ found that employer told claimant he would have to accumulate time to be compensated via workers’ compensation. Further, it was found that claimant did not use sick or vacation leave to go to his treatments and has not been paid for time lost [656]*656to treat for his work injury. (WCJ’s Finding of Fact No.2d.)

In opposition to the claim and review petitions, employer presented the testimony of Larry A. Roth, D.C. Even though Dr. Roth never examined claimant, and never consulted with claimant’s treating physician, Dr. Roth opined that claimant only required six months of medical treatment for bilateral carpal tunnel syndrome. (WCJ’s Findings of Fact Nos. 3b-3c.) The WCJ found Dr. Roth not credible and concluded that claimant met his burden of proving that he suffered, and was partially disabled from, a work-related injury as of October 19, 1994. The WCJ noted that employer paid the medical bills associated with this claim. (Notes of Testimony, September 24, 1997, p. 13.) Based on the aforementioned findings, the WCJ found that claimant was able to work if he continued with medical treatment. (Finding of Fact No. le.) The WCJ granted benefits concluding that while claimant was able to work, his departure from work to seek medical treatment constituted a disability entitling him to benefits. The WCJ granted the claim petition; further, the WCJ granted claimant’s petition for review of a utilization review determination based on the finding that claimant’s medical expenses were reasonable and necessary. The Board affirmed. The present appeal by employer followed.

In workers’ compensation matters, this Court’s scope of review is limited to determining whether errors of law were committed, constitutional rights were violated, or whether necessary findings of fact were supported by substantial evidence. 2 Pa. C.S. § 704; Udvari v. Workmen’s Compensation Appeal Board (USAir), 550 Pa. 319, 705 A.2d 1290 (1997). Employer argues that the Board erred as a matter of law in affirming the WCJ’s determination because claimant failed to prove that he sustained a work-related injury. Employer contends that chiropractors are not “qualified physicians” as defined by the Act and do not have the ability to offer a diagnosis beyond their area of expertise, which it is asserted, is limited to the vertebral column. Employer relies on Section 422 of the Act, 77 P.S. § 835,3 and Weis Markets, Inc. v. Workmen’s Compensation Appeal Board (Barbuto), 132 Pa.Cmwlth. 345, 572 A.2d 1295 (1989), to support its contention. We disagree with the position advanced by employer.

Weis Markets and related cases relying on the language contained in Section 422 of the Act, 77 P.S. § 835, proffer that unsworn certificates are insufficient to establish proof of a medical condition and that findings of fact may not be based on those unsworn certificates alone. The basis for that holding was the language in the Act, which provided:

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CPV Manufacturing, Inc. v. Workers' Compensation Appeal Board
805 A.2d 653 (Commonwealth Court of Pennsylvania, 2002)

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Bluebook (online)
805 A.2d 653, 2002 Pa. Commw. LEXIS 750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cpv-manufacturing-inc-v-workers-compensation-appeal-board-pacommwct-2002.