Sewell v. Workers' Compensation Appeal Board

772 A.2d 93, 2001 Pa. Commw. LEXIS 37
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 26, 2001
StatusPublished
Cited by5 cases

This text of 772 A.2d 93 (Sewell 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
Sewell v. Workers' Compensation Appeal Board, 772 A.2d 93, 2001 Pa. Commw. LEXIS 37 (Pa. Ct. App. 2001).

Opinions

SMITH, Judge.

George Sewell petitions for review of an order of the Workers’ Compensation Appeal Board (Board) that affirmed the decision of a Workers’ Compensation Judge (WCJ) denying his claim petition. The essence of Sewell’s argument is that the WCJ’s decision is not supported by substantial evidence because he mischaracter-ized Sewell’s testimony and the testimony of the medical expert for the City of Philadelphia (Employer). Sewell filed a claim petition on July 26, 1995, alleging that he suffered pain to his left hip, left groin and left leg on November 9, 1994 while moving heavy machinery in his work as an industrial process maintenance mechanic for Employer. Sewell also filed a penalty petition alleging that Employer refused to provide him with medical treatment at its clinic after he had reported his injury.

Sewell first testified before the WCJ on October 18,1995 that he sustained an injury while working for Employer in 1988. He was on a 12-foot ladder and straddling a 10-inch line while repairing a gear valve when the ladder fell. When Sewell tried to walk he felt pain in his left hip and groin. He missed several weeks of work, attended therapy and then returned to full duties. Sewell suffered another injury at work in 1991 when he slipped after stepping on compressor oil which had leaked from a water cooler and caught his weight with his left leg. Sewell missed work with [95]*95left hip and groin pain, but he returned to full duties after several weeks of treatment by Employer’s physicians.

Sewell testified that his duties changed in the summer of 1998 because Employer was upgrading its plant. Sewell’s new duties involved repetitive movements of heavy machinery, and he began to notice pain in his hip and groin area in the afternoons of his workdays. Sewell described the events of November 9, 1994 as follows:

That date I was moving some — excuse me — some valves, and it was into our new storeroom — into our new place.
And I had the — a shaft that I wanted to get out of the way because it was in my way. And I went to lift this shaft up so that I could possibly get something to pick it up.
And I’m there — and I picked it up and something happened....
Oh, okay. This is what happened. I mean, I felt the pain in the — in the groin area, in the leg area, and in the back— lower back, I could feel. You know, I felt something there, but I just felt it. I know it was not comfortable.

N.T. October 18, 1995 at pp. 24-25. Se-well testified that the next morning he experienced debilitating pain when he began to work; he reported the problem to his supervisor but he was denied treatment at Employer’s clinic. Sewell attempted to continue working but his pain persisted; he ceased working in January 1995. Sewell testified that he continues to suffer disabling pain in his hip and in his groin area that interferes with his daily activities.

Employer presented the deposition testimony of its Safety Officer, Barbara Raimo, who is the case manager for injuries for all employees in the water department. Rai-mo testified that on November 10, 1994, Sewell requested treatment from the clinic and told her that his hip was bothering him. When she asked him the cause of the hip pain, he told her that it was a recurrence of his old injury from 1991. When she repeatedly asked him how he injured himself, he replied that there was no new injury. Sewell’s employee injury report described the 1988 incident in the space provided for detailing how the employee was injured; Raimo wrote on the report that Sewell was claiming recurrence of a May 1991 injury, and she denied medical treatment.

In his November 1996 deposition, Sewell explained:

There was no accident in 1994. I just had a reoccurrence — it just hurt so bad, I just couldn’t work no more. I was moving some equipment and we had been working for quite a while revamping the shop, and after a while it just accumulated on me. It just added up and I couldn’t work anymore. I mean, it hurt bad.
There was no accident in '94. I was just working and it started hurting real bad. And I just couldn’t work no more. It was pretty excruciating pain in my back and my hip.
It was not an accident. I was moving a piece of equipment with the crane, and I made a move and was trying — it was heavy stuff, and I felt something. That’s all it was, but not an accident.

Deposition of Sewell at p. 6-8.

Sewell presented the expert medical testimony of his treating physician, Dr. Brent Weinerman. Dr. Weinerman initially treated Sewell for a strain and sprain, but his final diagnosis was traumatic work-related degenerative disease of the left hip. Dr. Weinerman opined that Sewell is un[96]*96able to return to work and that his impairment is directly related to the November 1994 incident. Dr. Weinerman based this conclusion in part on a comparison of Se-well’s 1988 x-ray films, which showed no evidence of degenerative changes in his left hip, with his 1995 x-ray films, which showed moderate levels of arthritis.

Employer presented testimony from Dr. Gary W. Muller, who diagnosed Sewell with degenerative joint disease of the left hip. Dr. Muller testified:

Basically, nobody really knows why these patients develop degenerative joint disease, some people feel the [etiology] is trauma in early life, other people feel that it’s related [to] repetitive trauma to a joint. In this fellow’s case, he’s had multiple injuries to his left hip. He had some preexisting arthritis to his left hip. He had some preexisting arthritis from the start and he probably aggravated some of it. So it’s probably a combination of things. And that he had some preexisting arthritis and he has aggravated it a bit by the type of work that he does.

Deposition of Dr. Muller at p. 18 (emphasis added).

Regarding the November 1994 incident, Dr. Muller testified as follows: “I think it, you know, aggravated his condition, but at that time, you know, the mechanism and what was described probably, you know, should have resolved. And basically, patient was back to his baseline, you know, of this preexisting disease.” Id. at p. 20. However, on cross-examination Dr. Muller testified:

Q. All of you [doctors who have treated Sewell] seem to be in agreement that repetitive trauma can cause and can [set off] a progressive degeneration; is that correct?
A. That’s correct.
Q. And by repetitive trauma we’re talking about the traumas at work as outlined in your report the one in '88, the one in '91, the one in '94; is that correct?
A. That’s correct.
Q. So what we have is a series of repetitive traumas at work to the hip that has set in motion this progressive degenerative process?
A. That basically is it, yes.
Q. But for the traumas, very likely he would not have had the progressive onset of degeneration; is that correct?
A. They added to it for sure. There could be some, but definitely they have added to it.
Q.

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Bluebook (online)
772 A.2d 93, 2001 Pa. Commw. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sewell-v-workers-compensation-appeal-board-pacommwct-2001.