Westmoreland County v. WCAB (Fuller)

In Westmoreland County v. Workers' Compensation Appeal Board (Fuller), 942 A.2d 213 (Pa. Cmwlth. 2008), the employer's physician testified that the claimant's injury was a back strain, not a herniated L4-5 disc or lumbar radiculopathy as was determined in a previous proceeding by the WCJ. 942 A.2d at 219. Because the physician did not take into account the "established facts" of the nature of the injury by failing to address the adjudicated injury, the testimony was not sufficient to support a termination of benefits. Id.