Injured worker’s medical claim petition wrongly dismissed: Appeals court
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A Pennsylvania appellate court on Thursday said a workers compensation judge erred in ruling that a worker injured in 2006 had the burden to show that his ongoing medical issues were connected to the workplace accident.
The Pennsylvania Commonwealth Court partially reversed a workers comp judge’s decision denying a medical review petition by Norman Rickley, who injured his back while releasing a fifth wheel on a tractor-trailer in March 2006.
Mr. Rickley sought workers comp benefits for symptoms he said were connected to the original injury.
His previous employer, Dandy Service Corp., challenged the petition, arguing that the symptoms may have been connected to work injuries that Mr. Rickley sustained on successive jobs.
A comp judge in 2010 approved a settlement for indemnity benefits but left Dandy Service responsible for Mr. Rickley’s ongoing medical expenses.
Mr. Rickley filed a different claim in 2020 against Carrols Corp., operator of a Burger King franchise where Mr. Rickley later worked, based on a November 2017 back injury.
Mr. Rickley filed a medical review petition against Dandy Service in October 2020 for failing to pay for medical bills connected to the 2006 accident.
A judge denied the petition, finding medical treatment in 2020 was unrelated to the 2006 injury. A comp board agreed.
The appeals court said Dandy Service had to prove the future medical symptoms were unconnected to the original injury and failed to do so.
It remanded the case to the workers comp board.
