Aggravation of Scoliosis As a Result of Work-Related Accident
In Noverati v. Workmen's Compensation Appeal Board (Newtown Squire Inn), 686 A.2d 455 (Pa. Cmwlth. 1996), a Workers' Compensation Judge (WCJ) awarded the claimant benefits based on a finding that a work-related accident caused an aggravation of the claimant's pre-existing scoliosis.
In the course of a suspension proceeding, the employer presented evidence of a medical witness who restated the opinions he had expressed during the claim proceedings and testified that the claimant's disability was not, and never had been, work-related.
Reversing the Workers' Compensation Appeal Board's (WCAB) decision, the court in Noverati held that, where an expert's opinion is based upon assumptions which are contrary to the established facts, the opinion is worthless.