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Sewell v. Workers' Compensation Appeal Board

The Board's denial of a claim petition was reversed where the testimony of the claimant and his doctor supported an award of benefits for a disabling work injury.

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SUBMITTED: August 25, 2000

George Sewell petitions for review of an order of the Workers’ Compensation Appeal Board (Board) that affirmed the decision of a Workers’ Compensation Judge (WCJ) denying his claim petition. The essence of Sewell’s argument is that the WCJ’s decision is not supported by substantial evidence because he mischaracterized Sewell’s testimony and the testimony of the medical expert for the City of Philadelphia (Employer). Sewell filed a claim petition on July 26, 1995, alleging that he suffered pain to his left hip, left groin and left leg on November 9, 1994 while moving heavy machinery in his work as an industrial process maintenance mechanic for Employer. Sewell also filed a penalty petition alleging that Employer refused to provide him with medical treatment at its clinic after he had reported his injury.

Sewell first testified before the WCJ on October 18, 1995 that he sustained an injury while working for Employer in 1988. He was on a 12-foot ladder and straddling a 10-inch line while repairing a gear valve when the ladder fell. When Sewell tried to walk he felt pain in his left hip and groin. He missed several weeks of work, attended therapy and then returned to full duties. Sewell suffered another injury at work in 1991 when he slipped after stepping on compressor oil which had leaked from a water cooler and caught his weight with his left leg. Sewell missed work with left hip and groin pain, but he returned to full duties after several weeks of treatment by Employer’s physicians.

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