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QUEENELL MCCARTER v. WORKMEN'S COMPENSATION APPEAL BOARD (BOEING VERTOL COMPANY AND AETNA LIFE & CASUALTY CO.) (01/21/86)

decided: January 21, 1986.

QUEENELL MCCARTER, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (BOEING VERTOL COMPANY AND AETNA LIFE & CASUALTY CO.), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Queenell McCarter v. Boeing Vertol Company, No. A-84674.

COUNSEL

Brian R. Steiner, Steiner and Segal, P.C., for petitioner.

Peter J. Weber, Rawle & Henderson, for respondent, Boeing Vertol Company.

Judges Craig, Barry and Palladino, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 94 Pa. Commw. Page 262]

Claimant Queenell McCarter appeals from an affirmance by the Workmen's Compensation Appeal Board of a referee's decision to grant her employer's petition, under section 413 of The Pennsylvania Workmen's Compensation Act,*fn1 to terminate compensation being paid to the claimant for total disability.

Boeing Vertol employed Mrs. McCarter as a janitor. On February 8, 1980, Mrs. McCarter injured her right shoulder, right elbow, wrist and spine while hoisting a trash container in the course of her employment. She became totally disabled as a result of that injury and began receiving total disability benefits under a notice of compensation payable.

Based upon three examinations of Mrs. McCarter made at the request of Boeing's workmen's compensation insurance carrier during 1980, Dr. John Williams, a board-certified orthopedic surgeon, concluded that Mrs. McCarter had recovered sufficiently from her

[ 94 Pa. Commw. Page 263]

    work-related injuries*fn2 to return to work.*fn3 He also testified that, although he could make no objective findings to explain Mrs. McCarter's complaints of pain,*fn4 he believed that she could experience pain, but he had no way of evaluating the degree of pain.*fn5

[ 94 Pa. Commw. Page 264]

The referee found that "[Dr. Williams'] testimony is persuasive, credible, worthy of belief, and proves that the Claimant had recovered from her injury and is able to return to her previous occupation as of August 19, 1980." By order of September 21, 1982, the referee granted the employer's termination petition as of August 19, 1980, the date of Dr. Williams' third examination.

The board affirmed that decision and order, concluding that the referee had relied upon sufficient evidence to support a termination petition, and had properly accepted the testimony of one competent medical witness ...


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