79 Pa. Commw. 96 | Pa. Commw. Ct. | 1983
Opinion by
The present appeals involve an order of the Workmen’s Compensation Appeal Board (Board) affirming a referee’s order which dismissed a petition, dated February 9, 1979, claiming benefits for a wrist fracture, and which awarded benefits sought under a second petition, dated November 27, 1979, claiming a work-related injury from the aggravation of a preexisting granuloma (lesion). Pattie C. Hilliard (claimant) appeals the dismissal of the February 9 petition and the time period for which benefits were awarded under the November 27 petition.
Our scope of review in a workmen’s compensation case where the party with the burden of proof, here the claimant, did not prevail below and where the Board took no additional evidence is limited to a determination of whether or not the referee as fact-finder capriciously disregarded competent evidence, leaving to the referee questions of credibility and the resolution of conflicts in testimony. Cooper v. Workmen’s Compensation Appeal Board, 49 Pa. Commonwealth Ct. 488, 411 A.2d 859 (1980).
The claimant argues alternatively that her wrist, weakened by her granuloma condition, fractured.
As to the petition filed on November 27, the referee found: that the claimant had a pre-existing infection or inflammation (granuloma) on her left wrist;
Inasmuch as the claimant, who had the burden of proof, prevailed before the referee with regard to the November 27 petition and the Board took no additional evidence, our scope of review is limited to determining whether or not constitutional rights have been violated, errors of law have been committed, or necessary findings of fact are unsupported by substantial evidence. Rowan v. Workmen’s Compensation Appeal Board, 58 Pa. Commonwealth Ct. 56, 426 A.2d 1304 (1981).
The employer argues here that the record does not contain substantial evidence in support of the referee’s finding that the claimant was totally disabled as a result of the aggravation of claimant’s preexisting granuloma. More specifically, it contends that the claimant failed to prove by unequivocal medical testimony that the admittedly aggravated granuloma condition led to the ulnar nerve palsy and to her consequent total disability.
Having found that the claimant did not suffer any compensable disability, we need not address her argument that the referee’s determination concerning the length of her total disability was not based on substantial evidence.
Accordingly, we will ¡affirm the Board’s denial of benefits for the claimant’s fractured wrist and reverse Hie Board’s award of benefits for total disability due to the aggravated granuloma.
Order
And Now, this 14th day of December, 1983, the order of the Workmen’s ¡Compensation Appeal Board in No. 2119 C.D. 1982 is ¡affirmed.
And Now, this 14th day of December, 1983, the order of the Workmen’s Compensation Appeal Board in No. 2182 C.D. 1982 is reversed.
The referee awarded benefits from April 18, 1979 through September 19, 1979 for total disability resulting from the aggravation of her granuloma condition. iDhe claimant argues that benefits should have been awarded from November 20, 1978 through July 17, 1980.
In bearings concerning .the alleged work-related fracture, claimant presented evidence, without objection, on her granuloma and surgery for an ulnar nerve palsy to the left wrist. While dismissing the claim for the fracture, the referee awarded benefits for •the aggravation of the pre-existing condition which he concluded led to the ulnar nerve palsy and consequent surgery. Not having the November 27 claim petition before it, the Board remanded for clarification.
During Ms testimony, Dr. Phillips related, the incident which claimant had told Mm resulted in her wrist fracture. The claimant argues that this testimony is unequivocal medical evidence that the fracture occurred at work. We note 'that a medical expert’s testimony predicated upon his patient’s statements cannot be unequivocal medical evidence.
We note that the referee did find a work-related aggravation of claimant’s granuloma.
Dr. Phillips’ testimony was as follows:
Q Dr. Phillips, do you have an opinion on the matter of the skin condition and whether that condition can be attributed to the injury that you testified to regarding the fracture?
A The skin condition, itself, the nature of it, I really can’t comment. I have no expertise in this field.
However, there is a .possible relationship between a fracture and a lesion of this type, at least in my mind, depending on the chronicity of the lesion. . . . [T]he bone can undergo what we call disuse osteoporsis.
* * * 9f(
Q Is that your medical opinion, that that was an indirect cause?
A It could have been.
Q But, was it?
A I don’t know.
We note -that there appears to be no dispute with the referee’s finding -that claimant’s reassignment to a cleaner aggravated her granuloma condition; but, rather 'that claimant suffered no compensable disability as a result of the aggravation.
See supra p. 100.
Dr. Alexander 'Silverman, a dermatologist, testified that claimant’s granuloma was aggravated toy dirt and the cleaning fluids encountered in her new position as cleaner. Although Dr. Phillips opined that the fracture might have caused the ulnar nerve palsy, neither he nor Dr. Silverman linked the granuloma condition to the ulnar nerve palsy.