County of Delaware v. WCAB (Worrell), County of Delaware v. WCAB (Worrell)

Claimant (CNA) slipped and fell at work on Jan. 23, 2014, complaining of left shoulder and elbow pain; initial evaluation diagnosed contusion/shoulder strain and she was given temporary lifting restrictions.
Claimant returned to restricted duty, then to full duty on Feb. 19, 2014; within weeks she experienced worsening shoulder pain while rolling a patient and later obtained MRI showing a torn rotator cuff.
Claimant stopped work in mid-August 2014, was treated by orthopedic surgeon Dr. Ruth who attributed the rotator cuff tear to the Jan. 23, 2014 incident (noting preexisting arthritis) and opined Claimant was not able to return to full duty without restrictions.
Employer presented contrary medical opinions (records-review and earlier treating physician) concluding no tear from the Jan. 23 event and that Claimant had recovered; Employer also submitted an uncorroborated statement of wages.
The WCJ credited Claimant and Dr. Ruth, granted Claimant’s claim petition, and denied Employer’s termination petition; the Board affirmed. The Commonwealth Court affirmed but modified the average weekly wage from $425.00 to $422.00 (benefit rate $379.80/week).

Issue	Claimant's Argument	Employer's Argument	Held
Whether Claimant proved a disabling work injury on Jan. 23, 2014	Testimony and treating orthopedist (Dr. Ruth) link rotator cuff tear to Jan. 23 fall	Medical evidence and records review show no tear at time of initial treatment and later symptoms unrelated or due to subsequent event	WCJ credited Claimant and Dr. Ruth; Court affirmed (substantial evidence supports WCJ credibility findings)
Whether Employer met burden to terminate benefits	N/A (Claimant opposed termination)	Employer argued Claimant had fully recovered as of Feb. 19, 2014	WCJ/Board/Court found Employer failed to prove cessation; termination denied
Whether WCJ capriciously disregarded evidence (wages and medical) or failed to provide a reasoned decision	WCJ relied on Claimant’s credible testimony and explained reliance	Employer claimed WCJ ignored competent evidence and failed to explain wage finding	Court: no capricious disregard; WCJ provided reasoned decision per Daniels; credibility determinations are for WCJ
Proper average weekly wage and benefit rate	Claimant testified to $425.00 AWW	Employer submitted statement of wages (uncorroborated hearsay) asserting different figures	Court found testimony supports $422.00 AWW (8 hrs × 5 days × $10.55/hr); modified award to $422.00 (benefit $379.80)

Lombardo v. Workers’ Compensation Appeal Board (Topps Company, Inc.), 698 A.2d 1378 (discusses WCJ authority to accept/reject witness testimony)
Greenwich Collieries v. Workmen’s Compensation Appeal Board (Buck), 664 A.2d 703 (substantial evidence standard)
Berardelli v. Workmen’s Compensation Appeal Board (Bureau of Personnel, State Workmen’s Insurance Fund), 578 A.2d 1016 (definition of substantial evidence)
Hoffmaster v. Workers’ Compensation Appeal Board (Senco Products, Inc.), 721 A.2d 1152 (record may contain contrary evidence but review asks whether evidence supports WCJ)
Universal Cyclops Steel Corporation v. Workmen’s Compensation Appeal Board (Krawczynski), 305 A.2d 757 (deference to WCJ credibility determinations)
Daniels v. Workers’ Compensation Appeal Board (Tristate Transport), 828 A.2d 1043 (what constitutes a "reasoned decision" under Section 422(a))
Leon E. Wintermeyer, Inc. v. Workers’ Compensation Appeal Board (Marlowe), 812 A.2d 478 (review of capricious disregard claim)
Pike v. Workers’ Compensation Board (Bob Hart Contractors), 639 A.2d 887 (un‑corroborated wage statements constitute hearsay and cannot alone support findings)
Marks v. Workers’ Compensation Appeal Board (Dana Corporation), 898 A.2d 689 (employer’s burden in termination when claimant complains of same body part)
Lahr Mechanical & State Workers’ Insurance Fund v. Workers’ Compensation Appeal Board, 933 A.2d 1095 (AWW is a factual determination for the WCJ)