Reliable Foods v. W.C.A.B

2 Citing cases

  1. McNulty v. W.C.A.B

    804 A.2d 1260 (Pa. Cmmw. Ct. 2002)   Cited 10 times

    However, if a compensable disability results directly from a prior injury but manifests itself on the occasion of an intervening incident, which does not contribute materially to the disability, then the claimant has suffered a recurrence and the employer at the time of the initial injury is responsible for the payment of benefits. Id. If the sequence of events is not sufficient to establish whether a claimant has suffered an aggravation or a recurrence, unequivocal medical testimony is essential. Reliable Foods, Inc. v. Workmen's Compensation Appeal Board (Horrocks), 660 A.2d 162, 166 (Pa.Cmwlth. 1995); Zinc Corp. of America v. Workmen's Compensation Appeal Board (Byers), 603 A.2d 218, 236 (Pa.Cmwlth. 1992). Here, the Board ruled that the WCJ's opinion was not supported by substantial evidence because it was, "not obvious, based upon the credible testimony of Claimant alone, whether his shoulder dislocations on July 9, 1994 and May 30, 1996 were recurrences or aggravations of his work injury, because the dislocations on those dates were preceded by events which may have caused either recurrences or aggravations of his work injury."

  2. Trenton China Pottery v. W.C.A.B

    773 A.2d 1265 (Pa. Cmmw. Ct. 2001)   Cited 6 times
    In Trenton China, a claimant was receiving partial disability benefits following a return to employment, and was subsequently completely disabled as a result of a second work-related injury. As in the instant case, Trenton China also involved two different insurers — one who insured the employer at the time of the first work-related injury, and a different insurer at the time of the second injury.

    Thus, AIG increased Claimant's benefit payment to $263.50, the lower of fifty percent of the SAWW and ninety percent of Claimant's AWW. (WCJ's Findings of Fact, No. 26); see 26 Pa. B. 633 (1996). See Reliable Foods, Inc. v. Workmen's Compensation Appeal Board (Horrocks), 660 A.2d 162 (Pa.Cmwlth. 1995) (holding that where a claimant is receiving partial disability benefits following a return to work and, then, is totally disabled as a result of a new injury, the claimant is entitled to receive compensation for both injuries concurrently, so long as the maximum compensation payable is not exceeded). 77 P. S. § 512.