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WEIS MARKETS v. WORKMEN'S COMPENSATION APPEAL BOARD (BARBUTO) (12/12/89)

decided: December 12, 1989.

WEIS MARKETS, INC., PETITIONER,
v.
WORKMEN'S COMPENSATION APPEAL BOARD (BARBUTO), RESPONDENTS



Appeal from No. A-94193, Workmen's Compensation Appeal Board.

COUNSEL

R. Burke McLemore, Jr., Thomas & Thomas, for petitioner.

Robert P. Wilkison, Carpenter, Diehl & Kivko, for respondent, Pamela A. Barbuto.

Craig and Barry, JJ., and Blatt, Senior Judge.

Author: Craig

[ 132 Pa. Commw. Page 347]

Weis Markets, Inc. appeals from an order of the Workmen's Compensation Appeal Board affirming a referee's award of chiropractic expenses to Pamela Barbuto for her injury, pursuant to Section 306(f) of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. ยง 531.

The pivotal question is whether unsworn chiropractors' certificates are admissible as evidence to support a work-related justification for treatment expenses awarded in this case.

The record and the referee's findings establish the following facts.

On April 22, 1985, while working as a part-time cashier for Weis, Barbuto slipped and fell on a wet floor, striking and injuring her left thigh. After reporting the fall to her supervisor, Barbuto completed her shift. Barbuto continued to experience pain in her left leg after completion of her shift.

The following day, Barbuto saw Dr. Spigner, an associate of her family physician. Dr. Spigner treated Barbuto for a hematoma of the left leg and a sprained ankle. Dr. Spigner permitted Barbuto to return to work at Weis on April 27, 1985.

Barbuto continued to work for Weis until June 26, 1985. During the period from April 22, 1985 to June 26, 1985, Barbuto experienced pain in her left hip, left buttock, and lower left area of her back.

After completing her shift on June 26, 1985, Barbuto received permission from her supervisor to see a chiropractor regarding her continuing pain. That evening, Barbuto began treatment with Dr. Leister, a chiropractor.

Barbuto attempted to return to work for Weis in July of 1985, experienced pain after one ...


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