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HERBERT E. NESMAN v. WORKMEN'S COMPENSATION APPEAL BOARD (WELDED CONSTRUCTION COMPANY) (11/14/88)

decided: November 14, 1988.

HERBERT E. NESMAN, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (WELDED CONSTRUCTION COMPANY), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board, in the case of Herbert E. Nesman v. Welded Construction Company, No. A-93435.

COUNSEL

Charles R. Rosamilia, Jr., for petitioner.

Matthew D. Dempsey, Lenahan & Dempsey, P.C., for respondent.

Judges Doyle and McGinley, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge McGinley. Judge MacPhail did not participate in the decision in this case.

Author: Mcginley

[ 121 Pa. Commw. Page 91]

Herbert E. Nesman (Claimant) appeals from an order of the Workmen's Compensation Appeal Board (Board) which affirmed the referee's decision granting Claimant compensation for an injury sustained in November of 1984, and terminating benefits on the date of recovery April 2, 1985. We affirm.

Claimant was employed by Welded Construction Company (Employer) as a laborer. His duties involved

[ 121 Pa. Commw. Page 92]

    climbing a stepladder and attaching a hook to a pipe which was lifted by a crane and loaded onto a truck. On November 9, 1984, Claimant suffered a work-related injury. Claimant was standing on the third step of a stepladder attempting to hook his end of a pipe when he caught his pant leg on a pin and lost his balance. Claimant fell backwards holding onto the stepladder and swing rope which broke his fall. Claimant landed on his back, got up and finished his shift. The following day Claimant did not work because of weather conditions. When Claimant returned to work he reported that he was experiencing pain in his back. Claimant, who was previously diagnosed as suffering from spondylolisthesis, was admitted to the Lock Haven Hospital on November 10, 1984, treated and discharged on November 13, 1984. Claimant no longer continued his regular employment and filed a claim petition to recover benefits for his back injury.

At the hearing, the medical depositions of four doctors were presented. Claimant offered into evidence the medical depositions of Dr. J. Joseph Danyo and Dr. Carroll P. Osgood. Dr. Danyo, an orthopedic surgeon, opined that at the time of his independent examination the Claimant could not return to his job but could perform sedentary and possibly light work activities.*fn1 Dr. Osgood, a neurosurgeon, opined that Claimant could probably do light work.*fn2 Employer offered into evidence the medical depositions of Dr. Rodwan K. Rajjoub and Dr. Gerard DelGrippo. Dr. Rajjoub, a specialist in neurosurgery, opined that Claimant was not totally disabled and "I don't know what his old employment is, but I do feel that he'll be able to perform

[ 121 Pa. Commw. Page 93]

    his old employment and at least a medium type job."*fn3 Dr. DelGrippo, a general practitioner, opined that the aggravation of the November 1984 fall had ceased and Claimant had greatly improved and that he would not ...


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