Pierson v. Workers' Comp. Appeal Bd. (Consol Pa. Coal Co. LLC)

Pierson v. Workers' Comp. Appeal Bd. (Consol Pa. Coal Co. LLC)

Opinion

 [*1171]  OPINION BY JUDGE CROMPTON

Johnny Pierson, Jr. (Claimant) petitions for review of the April 2, 2020 Opinion and Order (Order) of the Workers' Compensation Appeal Board (Board), affirming the November 8, 2019 Decision and Order of the Workers' Compensation Judge (WCJ), which granted the Petition to Modify Compensation Benefits (Modification Petition) filed by Consol Pennsylvania Coal Company LLC (Employer). In addition, Claimant requests that this Court grant his Application for Argument Before En Banc Panel (Application), filed on October 28, 2020, asserting that "this case presents issues of great public importance" and "will have a significant impact on the success or failure of many [w]orker[s'] [c]ompensation[] claimant[s'] cases," with a constitutional impact on the workers' compensation impairment rating evaluation (IRE) process provided in the Pennsylvania Workers' Compensation Act (Act).¹ Application, 10/28/2020, at 1-2. For the [**2]  reasons that follow, we deny Claimant's Application and affirm the Board's Order.

I. WCJ's Decision and Order

On August 13, 2014, Claimant sustained a work-related injury in the nature of a "labral tear of the right shoulder," after he tripped while unloading pipe. The injury was recognized by Employer via a Notice of Compensation Payable (NCP). WCJ's Decision and Order, 11/8/2019, Finding of Fact (FOF) No. 1.

 [*1172]  On December 21, 2018, Employer filed the Modification Petition, alleging that Claimant's benefits should be modified from temporary total disability (TTD) to partial disability, effective December 19, 2018, based on an IRE performed by Dr. Jeffrey Moldovan, D.O., on that date. FOF No. 2.

The WCJ found that Dr. Moldovan is trained and certified in the performance of IREs pursuant to the Sixth Edition of the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment (Guides). FOF No. 4.a. Dr. Moldovan determined that Claimant had a whole body impairment rating of three percent based on the Sixth Edition of the Guides. FOF No. 4.e. The WCJ accepted Dr. Moldovan's testimony as credible and determined that Claimant had reached maximum medical improvement [**3]  and had a whole body permanent impairment of three percent as of December 19, 2018. FOF No. 7.

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