Appeal from the Order of the Workmen's Compensation Appeal Board in case of Joann Ancheff Huddleson v. Department of Military Affairs, No. A-81757.
Paul L. Zeigler, Goldberg, Evans & Katzman, P.C., for petitioner.
Charles F. McElwee, with him, Paul Du Fallo, for respondent, Department of Military Affairs, et al.
Judges Williams, Jr., Barry and Palladino, sitting as a panel of three. Opinion by Judge Williams, Jr.
[ 83 Pa. Commw. Page 644]
Joanne Ancheff Huddleson (claimant) appeals from a decision of the Workmen's Compensation Appeal Board (Board) which reverses a referee's decision finding her eligible for workmen's compensation
[ 83 Pa. Commw. Page 645]
benefits. For the following reasons, we affirm the Board's order reversing the referee and denying benefits.
Claimant was employed by the Department of Military Affairs (employer) as a custodian at the National Guard Armory located on Route 209 in Williamstown, Dauphin County. On May 26, 1978, claimant injured her back while working at the Armory. The injury occurred when claimant attempted to lift a bucket of water to empty it, felt a pain in her back, spilled the water onto the concrete floor, slipped and fell on her back. Claimant was treated by Dr. John H. Atland, a chiropractor, for this injury from May 27, 1978 through December 15, 1978. Dr. Atland had released claimant for light clerical work as of October 2, 1978. Claimant last worked for employer on August 18, 1978 and has not been steadily employed since that time.
Dr. Atland next saw claimant on January 21, 1980 at which time claimant had the same complaints as she did following the May 26, 1978 incident. On February 4, 1980, Dr. Atland suggested claimant consult with an orthopedic specialist. On May 12, 1980, claimant was admitted to the Polyclinic Medical Center and at that time told the admitting physician that two days prior, on May 10, 1980, she had bent over to pick up her child out of a crib and developed lower back pain shortly thereafter. Claimant was operated on for her back on May 22, 1980 and was discharged on May 27, 1980.
Claimant filed a claim for workmen's compensation benefits pursuant to the Pennsylvania Workmen's Compensation Act (Act)*fn1 on July 11, 1980. After a hearing, a referee granted claimant benefits of $107.00 per week commencing May 26, 1978 with the employer
[ 83 Pa. Commw. Page 646]
to reimburse claimant or claimant's insurance carrier for medical bills of record. The employer appealed to the Board alleging the referee's findings were not supported by substantial evidence.*fn2 The Board sustained the employer's appeal and reversed the ...