Speculative medical testimony undermines full recovery finding

The Pennsylvania Workers' Compensation Appeal Board reversed the workers' compensation judge's denial of the claimant's claim petition and the finding that the claimant fully recovered from his work injuries.

Case name: Potere v. Kemcorp, 23 PAWCLR 201 (Pa. W.C.A.B. 2008).

What it means: Benefits should be terminated where there is unequivocal medical evidence that the claimant fully recovered and can return to work without restrictions, and that there are no objective medical findings which substantiate his claims of pain or connect them to the work injury.

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Summary: After the claimant was involved in a motor vehicle accident, the employer paid his medical and wage loss benefits until it issued a notice stopping temporary compensation payable and a notice of compensation denial. The WCJ denied the claim petition, concluding that the claimant failed to prove that his disability continued and that he was fully recovered. The board determined that because the employer admitted that the claimant suffered a work-related injury and contested the claim petition on the basis that he was not disabled, the WCJ should have granted the claim petition and determined the extent of his disability. The board also ruled that the claimant was entitled to wage loss benefits because the evidence showed his work injury rendered him disabled for more than seven days.

December 16, 2008

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