Taylor v. WCAB (Servistar Corp.)

In Taylor v. Workers' Compensation Appeal Board (Servistar Corp.), 883 A.2d 710, 713 (Pa. Cmwlth. 2005), the claimant's medical expert opined that the claimant's plantar fasciitis had recurred, based on an assumption that the claimant had been found fully recovered in the earlier termination proceeding. The Board affirmed the WCJ's finding that the claimant's medical expert was not competent to establish a recurrence and physical change since he did not personally know the claimant's condition when benefits were terminated. The Court reversed. Although noting "where an expert's opinion is based on an assumption that is contrary to the established facts of record, that opinion is worthless," this principle was found not applicable. Taylor, 883 A.2d at 713. The Court explained: In this case the medical expert's testimony is not based on an assumption that is inconsistent with the WCJ's determination that the claimant recovered from her work injury in July 2000.... His opinion that the claimant experiences exacerbations and remission of plantar fasciitis is entirely consistent with the termination decision, as a remission is characterized by an abatement or cessation of symptoms. Id. at 713-714.