Newcomer v. WCAB (Ward Trucking Corp.)

In Newcomer v. Workmen's Compensation Appeal Board (Ward Trucking Corp.), 547 Pa. 639, 692 A.2d 1062 (1997), the claimant's expert opinion was found incompetent. The claimant described his work accident to his medical expert in a way that was quite different from the description given to the physicians who treated the claimant at the time of injury. In addition, the claimant's expert rendered an opinion without reviewing the claimant's original injury records. The Court determined that a doctor's testimony that the claimant suffered a work-related injury was incompetent because it was not supported by the claimant's medical records or the factual history of the case. The claimant had been treated for abdominal and chest injuries at the time of the work injury, then later represented to his medical expert that he had been treated for a shoulder injury. The Court rejected the doctor's medical opinion that the shoulder injury was work-related because that opinion was based solely on the claimant's self-serving version of his medical history. In other words, the opinion of the claimant's medical expert lacked a foundation in the evidence of record.