Wingrove v. Workers' Compensation Appeal Board
2014 Pa. Commw. LEXIS 14
| Pa. Commw. Ct. | 2014Background
- Claimant injured as a laborer in 2002; initial NCP described low back strain.
- Surgery in 2003 led to total disability; employer paid total disability for two years.
- In 2005, employer changed disability to partial based on 11% IRE by Dr. Tucker; change automatic per 60-day rule.
- Claimant challenged IRE and sought amendments to NCP alleging psychiatric injuries; additional injuries later added to NCP in 2010s.
- Supplemental Agreement (2011) stated total disability from 3/24/2010 to 11/29/2010, then partial thereafter; pending petitions unaffected.
- WCJ expanded NCP to include chronic radiculopathy, post-laminectomy syndrome, chronic low back pain and depression; psychosis not added.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burden to prove 50% impairment after 60 days | Barrett fixed; need proof when seeking change after 60 days | Burden on claimant to show 50% impairment with added injuries | Burden shifted to Claimant; 2005 IRE standing; need 50% as redefined by new injuries |
| Constitutionality of § 306(a.2) using AMA 'most recent edition' | Using AMA editions cedes legislative power to AMA; potential constitutional issue | No plain constitutional violation; 'most recent edition' interpreted to reflect current practice | Claimant's constitutional challenge rejected |
| Effect of Supplemental Agreement on IRE validity | Supplemental Agreement shows at least 50% disabled post-surgery; should affect status | 2005 IRE remains binding; agreement does not negate pending petitions | Supplemental Agreement did not negate 2005 IRE; burden remained on claimant |
Key Cases Cited
- Barrett v. Workers’ Compensation Appeal Board (Sunoco, Inc.), 987 A.2d 1280 (Pa.Cmwlth.2010) (timing of challenges; after 60 days new impairment evaluation governs status)
- MCT Transportation, Inc. v. Philadelphia Parking Authority, 60 A.3d 899 (Pa.Cmwlth.2013) (strong presumption against constitutional violation; heavy burden on challengers)
- Westmoreland Regional Hospital v. Workers' Compensation Appeal Board (Bickford), 29 A.3d 120 (Pa.Cmwlth.2011) (AMA Guides edition changes do not automatically alter impairment determinations)
- City of Philadelphia v. Workers' Compensation Appeal Board (Brown), 830 A.2d 649 (Pa.Cmwlth.2003) (scope of review and substantial evidence standard clarified)