Watson v. Workers' Compensation Appeals Board

949 A.2d 949, 2008 Pa. Commw. LEXIS 248
Commonwealth Court of Pennsylvania·Decided May 30, 2008·Published·Cited by 7 cases

Opinion

OPINION BY

Judge SIMPSON.

Jonel Witherspoon Watson (Claimant) petitions for review of an order of the Workers’ Compensation Appeal Board (Board) that affirmed, in part, a decision of a Workers’ Compensation Judge (WCJ) awarding Claimant medical benefits for a closed period and litigation costs. The WCJ denied Claimant indemnity benefits. The Board reversed the award of costs, but affirmed in all other respects. On appeal here, Claimant argues the WCJ’s necessary determinations are not supported by substantial evidence. She also asserts the Board’s order reversing the WCJ’s award of litigation costs is contrary to law. Upon, review, we affirm the Board.

Special People in Northeast (Employer), a facility that cares for individuals with mental, physical, or sensory impairment, employed Claimant as a Direct Support Professional. In this position, Claimant provided personal care services, including taking Employer’s residents on shopping trips. On February 20, 2006, while shopping for a resident at a Wal-Mart store, several fold-up chairs fell off a shelf and struck Claimant on the head.

Three days later, Claimant filed a claim petition seeking indemnity and medical benefits from the date of injury onward. Employer filed a timely answer admitting Claimant sustained a head contusion in the course of her employment as the result of falling chairs. Employer further agreed to pay necessary and reasonable medical expenses associated with the injury. However, Employer denied Claimant was disabled as a result of the injury. A WCJ hearing ensued.

Claimant testified as follows. On February 20, 2006, in the course of shopping for a resident at a Wal-Mart store, several chairs fell from a high shelf and struck her on the head. Claimant proceeded to Je-anes Hospital for a physical examination, where she received pain medication. The next day, at Employer’s request, Claimant went to the Business Health Occupation Medicine Department (BHOMD) at Jeanes Hospital for a second physical examination. The BHOMD released Claimant to return to work; however, Claimant did not return to work.

Claimant also presented the deposition testimony of Dr. John Bowden (Claimant’s Physician), who is board-certified in pain management. Based on Claimant’s history, physical and neurological examinations, a CAT scan of Claimant’s skull, and an x-ray of Claimant’s spine, Physician opined Claimant suffers contractile headaches and a post traumatic cervical myoligamentous spinal supporting structure injury. Physician related these conditions to the work incident. Claimant’s Physician also opined that as of June 7, 2006, Claimant continued to suffer from these injuries and, as a result, cannot return to her pre-injury job or perform light-duty work.

In opposition, Employer presented the deposition testimony of Dr. Stephanie Y. Koa (Employer’s Internist), who is board-certified in internal medicine. She is the [952] medical director for the BHOMD at Je-anes Hospital and she examined Claimant one day after the work injury. Based on Claimant’s history, physical and neurological examinations, and a CAT scan, Employer’s Internist opined Claimant sustained a mild injury to the top of her head as a result of the work incident. She further opined Claimant could have returned to work three days after the work injury occurred.

Employer also presented the deposition testimony of Dr. Richard H. Bennett (Employer’s Neurologist), who is board-certified in neurology and EMG studies. Employer’s Neurologist examined Claimant in June 2006. Based on Claimant’s history, physical examination, and medical records, Employer’s Neurologist opined Claimant fully recovered from all neurological injuries and required no further medical treatment as of June 20, 2006, the date of his examination.

Upon review, the WCJ found the testimony of Claimant and her Physician credible to the extent they testified a work injury occurred on February 20, 2006; however, the WCJ rejected all testimony indicating Claimant suffered a compensa-ble disability. The WCJ further rejected Claimant’s Physician’s testimony to the extent he opined Claimant suffers injuries other than a mild injury to the top of the head.

Notably, the WCJ accepted Employer’s Internist’s diagnoses and opinion that Claimant could return to work three days after the incident. Finally, the WCJ accepted Employer’s Neurologist’s opinion that Claimant fully recovered as of June 20, 2006. Based on the foregoing, the WCJ: denied indemnity benefits; awarded medical benefits for the closed period of February 20 to June 20, 2006; and, ordered Employer to reimburse Claimant $3,001.65 in litigation costs.

The parties filed cross appeals with the Board. On review, the Board reversed the award of litigation costs and affirmed in all other respects. Regarding litigation costs, the Board held:

Costs are recoverable by a claimant when the claimant has succeeded, in whole or in part, in a litigated matter. The WCJ concluded that Claimant met her burden of proof, in part, regarding the Petition, because she proved she sustained an injury to the top of her head even though she failed to prove any associated disability. Thus, the WCJ awarded litigation costs. However, a review of the record reveals that Claimant filed her Claim Petition only three (3) days after the work incident. [Employer] acknowledged a work injury in its Answer, and acknowledged that Claimant was entitled to medical expense payments as a result of the work incident. [Employer] denied any associated disability. Thus, Claimant would have been in the same position had she not so expeditiously filed a Claim Petition. Therefore, in light of the circumstance of this particular matter, we shall reverse the WCJ’s award of costs....

Bd. Op., 9/18/2007, at 4-5 (citations omitted). Claimant appealed.

On appeal,1 Claimant argues the WCJ’s decision to deny indemnity benefits is not supported by substantial and unequivocal evidence. She also asserts Employer did not present sufficient evidence to support a termination of medical bene[953] fits. Finally, since the WCJ awarded medical benefits for a closed period, Claimant asserts she is entitled to litigation costs.

Claimant first argues the WCJ’s decision to deny indemnity benefits is not supported by the record. Claimant maintains the WCJ’s decision to reject her testimonial evidence on this issue is not supported. Claimant also argues Employer’s Internist’s opinion that Claimant could return to work within three days of sustaining the work injury is equivocal and, therefore, does not support a denial of indemnity benefits.

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Watson v. Workers' Compensation Appeals Board, 949 A.2d 949, 2008 Pa. Commw. LEXIS 248 (Pa. Ct. App. 2008).

949 A.2d 949 (Watson v. Workers' Compensation Appeals Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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