Reliable Foods v. W.C.A.B

1 Citing case

  1. Hercules Painting Co. v. Workers' Comp. Appeal Bd.

    No. 1095 C.D. 2014 (Pa. Cmmw. Ct. Apr. 10, 2015)

    This Court, however, has held that "[t]he final determination . . . is not based upon specific words used by the doctor, but rather upon a careful review of the medical testimony to determine its substance rather than its form." Reliable Foods, Inc. v. Workmen's Comp. Appeal Bd. (Horrocks), 660 A.2d 162, 166-67 (Pa. Cmwlth. 1995). As noted above, the terms "recurrence" and "aggravation" are legal terms of art, thus it was not necessary for Dr. Pantelakis to use the term recurrence to establish that a recurrence did, in fact, occur. The WCJ properly reviewed the substance of the report to determine that Claimant suffered a recurrence of a prior injury.