Answer to Petition, May 22, 2006, at 1 R.R. Claimant answered and admitted he attended the independent medical examination3 on January 27, 2006, but refused to submit to the diagnostic test upon the advice of his treating physician, Bruce Cotugno, M.D. Petition for Physical Examination, May 9, 2006, at 1 R.R. On May 9, 2006, Employer filed a Petition pursuant to Section 314(a) of the Workers Compensation Act (Act)2 and requested that Claimant be ordered to submit to a diagnostic test 72-ambulatory EEG (diagnostic test) as prescribed by an independent medical examiner, Lawson F. When Claimant felt a seizure developing he removed a powerful magnet from his belt and swiped it across the implant so that he would receive a jolt that would send an electrical shock to his brain that reduced the number of his (Footnote continued on next page ¦) Januat 1 R.R. On December 1, 2004, a Vagus nerve stimulator device was implanted in Claimant s chest due to continued break-through seizures. Cotugno, April 12, 2006, at 1 Reproduced Record (R.R.) at 1. Claimant developed his first episode of clinical seizure activity around January, 2002. As a result of the injury, Claimant was diagnosed with a clinical seizure disorder after he showed evidence of post-traumatic headaches, concussion with loss of consciousness and short-term memory loss, post-concussive syndrome and an abnormal EEG on December 4, 2000. 1 NCP, 1 Claimant was thrown off of a truck and struck his right shoulder and head on the asphalt. On November 2, 2000, Claimant sustained an injury in the course and scope of his employment which Employer described in the Notice of Compensation Payable (NCP) as a concussion/ sprain. McCLOSKEY, Senior Judge OPINION BY JUDGE McGINLEY FILED: ApPeters Township School District (Employer) petitions for review from the order of the Workers Compensation Appeal Board (Board) which affirmed the Workers Compensation Judge s (WCJ) denial of the Employer s Petition for Physical Examination (Petition) of Scott Anthony (Claimant). 2007 Submitted: FebruHONORABLE BERNARD L. : : Workers' Compensation Appeal Board : (Anthony), : Respondent : BEFORE: No. IN THE COMMONWEALTH COURT OF PENNSYLVANIA Peters Township School District, Petitioner : : : v.
0 kommentar(er)
