D. Curry v. WCAB (Tot Time Child Development)


IN THE COMMONWEALTH COURT OF PENNSYLVANIA Donna Curry, : Petitioner : : v. : : Workers’ Compensation Appeal : Board (Tot Time Child Development), : No. 103 C.D. 2020 Respondent : Submitted: August 28, 2020 BEFORE: HONORABLE P. KEVIN BROBSON, Judge HONORABLE ANNE E. COVEY, Judge HONORABLE J. ANDREW CROMPTON, Judge OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE COVEY FILED: November 18, 2020 Donna Curry (Claimant) petitions this Court for review of the Workers’ Compensation (WC) Appeal Board’s (Board) January 8, 2020 order affirming Workers’ Compensation Judge (WCJ) Karen A. Wertheimer’s (Wertheimer) decision granting Tot Time Child Development’s (Employer) Petition to Terminate Compensation Benefits (Termination Petition) and dismissing as moot Claimant’s Petition for Review of Utilization Review (UR) Determination (UR Petition). Claimant presents two issues for this Court’s review: (1) whether WCJ Wertheimer erred by granting Employer’s Termination Petition; and (2) whether WCJ Wertheimer erred by failing to make a corrective amendment to Claimant’s work injury description. After review, we affirm. Claimant sustained injuries during the course and scope of her employment with Employer on January 27, 2010. Employer issued a Notice of Compensation Payable (NCP), therein describing her injury as a low back strain/contusion, and paid indemnity benefits accordingly. In 2010, Claimant filed a Petition to Review Compensation Benefits (Review Petition) to amend her NCP to include injuries to her middle back, neck, right shoulder, right elbow and right knee. On August 9, 2011, WCJ Joseph Stokes (WCJ Stokes) granted Claimant’s Review Petition and amended Claimant’s injury description to include a cervical sprain and strain, dorsal sprain and strain, right cervical and lumbar radiculitis, right knee pain, right shoulder contusion and sprain, and right elbow lateral epicondylitis. WCJ Stokes further determined that Claimant fully recovered from her cervical sprain, right elbow injury, and right shoulder injury. On January 13, 2017, Employer filed the Termination Petition, alleging that Claimant fully recovered from the remainder of her work injuries and was capable of returning to work without restrictions as of December 8, 2016. Employer also filed a UR request to determine if Claimant’s treatment with Charles H. Durr, D.C. (Dr. Durr) from January 31, 2017, and ongoing, was reasonable and necessary. On May 12, 2017, reviewing chiropractor, Jane L. McBride, D.C. (Dr. McBride), issued a UR determination (UR Determination), concluding that the documentation was inadequate to support that Dr. Durr’s treatments were reasonable and necessary care for Claimant’s work injuries. Specifically, Dr. McBride opined that established treatment guidelines approved a six-month regimen for treatment; however, Claimant had been treating since April 2011, and was well beyond the guideline period. On May 18, 2017, Claimant filed the UR Petition, requesting review of the UR Determination. On November 16, 2018, WCJ Wertheimer granted Employer’s Termination Petition and dismissed Claimant’s UR Petition as moot. WCJ Wertheimer found that Claimant’s work injuries were limited to those previously acknowledged by WCJ Stokes’ 2011 decision, and that Claimant had fully recovered from those injuries as of December 8, 2016. As the UR Petition addressed treatment rendered after …

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