P. McSparran v. WCAB (Com.)
P. McSparran v. WCAB (Com.) - 1571 C.D. 2016
Pa. Commw. Ct.Jun 2, 2017Background
- Claimant Patricia McSparran fell at work on November 1, 2011; Employer issued a Medical-Only NCP recognizing cervical sprain and ankle sprain in April 2012.
- Claimant continued full-duty work without physician-imposed restrictions and was discharged April 5, 2012 because her services were "no longer needed."
- Claimant filed a Claim Petition (April 2, 2015) asserting additional injuries (cervical disc herniation C5-6 with radiculopathy) and later filed a Review Petition challenging the Medical-Only NCP description.
- Employer filed a Termination Petition (Sept. 30, 2015) asserting Claimant had fully recovered; Employer relied on IME Dr. Eric Lebby (orthopedic surgeon). Claimant relied on treating neurosurgeon Dr. Keith Kuhlengel.
- The WCJ credited Employer’s witnesses (including Dr. Lebby and the Division Manager), found Claimant had only sustained sprains and had fully recovered, denied Claim and Review Petitions as untimely or unsupported, and granted termination; the Board affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Claim Petition | McSparran: Claim Petition is timely or NCP issuance tolled/does not bar expansion | Commonwealth: Claim petition filed >3 years after injury and barred by statute/Sloane | WCJ/Board: Petition was untimely under the three-year rule; Court affirmed |
| Review Petition (expansion of NCP to include C5-6 herniation and radiculopathy) | McSparran: Medical-Only NCP description was incorrect; treating neurosurgeon supports expansion | Commonwealth: Medical testimony does not unequivocally establish additional injury causation; Fitzgibbons bars untimely review | WCJ/Board: Dr. Lebby’s equivocal statements do not support expansion; Review Petition denied |
| Credibility of medical experts / alleged capricious disregard | McSparran: WCJ improperly credited IME (Lebby), ignored treating neurosurgeon (Kuhlengel), and overlooked inconsistencies in Lebby’s testimony and credentials | Commonwealth: WCJ acted within fact-finding discretion, explained credibility choices, and Dr. Lebby’s exam/testimony was detailed and persuasive | WCJ/Board: Credibility findings supported by record and reasoned; not capricious; Court will not reweigh evidence |
| Termination of benefits (employer burden) | McSparran: Still has work-related disability from C5-6 injury; benefits should continue | Commonwealth: IME unequivocally shows full recovery from accepted sprains, no restrictions, no further treatment | WCJ/Board: Employer met burden via Dr. Lebby’s unequivocal opinion; termination affirmed |
Key Cases Cited
- Sloane v. Workers' Compensation Appeal Board (Children's Hospital of Philadelphia), 124 A.3d 778 (Pa. Cmwlth. 2015) (three-year limitation on filing claim petitions notwithstanding Medical-Only NCP)
- Fitzgibbons v. Workers' Compensation Appeal Board (City of Philadelphia), 999 A.2d 659 (Pa. Cmwlth. 2010) (standards for timely review petitions to amend NCP descriptions)
- Ingrassia v. Workers' Comp. Appeal Bd. (Universal Health Serv., Inc.), 126 A.3d 394 (Pa. Cmwlth. 2015) (claimant burden to prove work injury resulted in loss of earning power)
- Udvari v. Workmen's Comp. Appeal Bd. (USAir, Inc.), 705 A.2d 1290 (Pa. 1997) (employer meets termination burden when medical expert unequivocally opines claimant fully recovered with no work restrictions)
- Daniels v. Workers' Comp. Appeal Bd. (Tristate Transp.), 828 A.2d 1043 (Pa. 2003) (reasoned decision requirement and credibility findings; demeanor vs. deposition testimony)