Chik-Fil-A v. WCAB (Mollick)

In Chik-Fil-A v. Workers' Compensation Appeal Board (Mollick), 792 A.2d 678 (Pa. Cmwlth. 2002), the claimant testified that she injured her back while lifting a heavy tub and had previously suffered a back injury in 1995. On cross-examination, it was established that claimant had been treating with chiropractors for neck and back problems since 1987. Claimant's expert explained that his diagnosis was based upon claimant's complaints and medical history, including two slip-and-fall incidents in 1995, but that he did not review any of her previous medical records. The WCJ granted claimant's claim petition. The Board affirmed, concluding that employer's objections to claimant's medical expert testimony concerned the weight of the evidence, not its competency. The Court reversed the decision of the Board because the medical expert's opinions were based on an incomplete and inaccurate medical history. The claimant's own expert testified that if claimant's medical history was not as reported, his evaluation would be incorrect. Thus, the Court found claimant's medical expert's testimony not competent as to causation.