Cent. Park Lodge v. Workers' Comp. Appeal Bd., 718 A.2d 368 (Pa. Commw. Ct. 1998). · Go Syfert
Cent. Park Lodge v. Workers' Comp. Appeal Bd., 718 A.2d 368 (Pa. Commw. Ct. 1998). Cases Citing This Book View Copy Cite
41 citation events (33 in the last 25 years) across 1 distinct court.
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (rule) Cambria County Transit Authority v. R.E. Bretz, Jr. (WCAB)
Pa. Commw. Ct. · 2025 · confidence medium
Appeal Bd. (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998). 10 Instantly, Employer maintains that Dr. Silvaggio’s testimony fails to support Claimant’s contention that he is not fully recovered because the diagnosis offered by Dr. Silvaggio—i.e., of aggravation of Claimant’s pre-existing, degenerative, disc disease—is at variance with the injury listed in on the NCP, which only refers to contusions caused by Claimant’s fall.
discussed Cited as authority (rule) J. Pfeifer v. Temple University Hospital, Inc. (WCAB)
Pa. Commw. Ct. · 2024 · confidence medium
Appeal Bd. (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998). 6 Our review is limited to determining whether the WCJ’s findings of fact were supported by substantial evidence, whether an error of law was committed, or whether constitutional rights were violated.
cited Cited as authority (rule) Olympus and Sompo America Insurance Co. v. D. Eiselen (WCAB)
Pa. Commw. Ct. · 2023 · confidence medium
Appeal Bd. (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998).
cited Cited as authority (rule) M. Davis v. Crothall Healthcare, Inc. (WCAB)
Pa. Commw. Ct. · 2023 · confidence medium
Appeal Bd. (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998).
cited Cited as authority (rule) J. Carbonell-Caban v. Elwyn, Inc. (WCAB)
Pa. Commw. Ct. · 2022 · confidence medium
Appeal Bd. (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998).
discussed Cited as authority (rule) J. DeSue v. Bank of America (WCAB)
Pa. Commw. Ct. · 2022 · confidence medium
Hall v. Workers’ Compensation Appeal Board (American Service Group), 3 A.3d 734, 740 (Pa. Cmwlth. 2010); see also Gillyard v. Workers’ Compensation Appeal Board (Pennsylvania Liquor Control Board), 865 A.2d 991, 997 (Pa. Cmwlth. 2005) (holding termination petition based “solely on testimony that failed to acknowledge the established work injury” was insufficient to support a termination petition); Central Park Lodge v. Workers’ Compensation Appeal Board (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998) (holding that where the employer’s medical expert failed to address one of claima…
cited Cited as authority (rule) Davita, Inc. v. L. Rogers (WCAB)
Pa. Commw. Ct. · 2021 · confidence medium
Appeal Bd. (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998).
cited Cited as authority (rule) R. McElvarr v. WCAB (Coca Cola)
Pa. Commw. Ct. · 2021 · confidence medium
Appeal Bd. (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998) (emphasis in 12 original).
cited Cited as authority (rule) General Motors, LLC v. WCAB (Jegou)
Pa. Commw. Ct. · 2021 · confidence medium
Appeal Bd. (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998).
cited Cited as authority (rule) J. Roman v. WCAB (Tri State Enterprises, LLC)
Pa. Commw. Ct. · 2021 · confidence medium
Appeal Bd. (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998).
cited Cited as authority (rule) S. Reynolds v. WCAB (Holy Redeemer Health Systems)
Pa. Commw. Ct. · 2020 · confidence medium
Appeal Bd. (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998).
cited Cited as authority (rule) K. Toro v. WCAB (Pocono Mtn. Sch. Dist. & Inservco Ins. Svcs.)
Pa. Commw. Ct. · 2020 · confidence medium
Appeal Bd. (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998).
cited Cited as authority (rule) C. Mitoulis v. WCAB (Sunrise Sr. Living Mgmt., Inc.)
Pa. Commw. Ct. · 2020 · confidence medium
Central Park Lodge v. Workers’ Compensation Appeal Board (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998) (emphasis in original) (citations omitted).
discussed Cited as authority (rule) Darby Borough v. WCAB (Bevenour) (2×) also: Cited "see"
Pa. Commw. Ct. · 2019 · confidence medium
Appeal Bd. (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998).
cited Cited as authority (rule) County of Allegheny v. WCAB (Nicini)
Pa. Commw. Ct. · 2017 · confidence medium
Central Park Lodge v. Workers’ Compensation Appeal Board (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998) (emphasis in original) (citations omitted).
cited Cited as authority (rule) C. Yeakley v. WCAB (BBU, Inc./Bimbo Bakeries USA)
Pa. Commw. Ct. · 2017 · confidence medium
Appeal Bd. (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998).
discussed Cited as authority (rule) S. Betancourt v. WCAB (Exel, Inc., New Hampshire Insurance Co. and Sedgwick CMS)
Pa. Commw. Ct. · 2016 · confidence medium
Central Park Lodge v. Workers’ Compensation Appeal Board (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998) (“In order to terminate [c]laimant’s benefits, [e]mployer was required to prove that [c]laimant was completely recovered from all of these injuries, including the head injuries.
cited Cited as authority (rule) R. Cruz v. WCAB (A.J. Bazzini Co., Inc.)
Pa. Commw. Ct. · 2016 · confidence medium
Appeal Bd. (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998).
cited Cited as authority (rule) County of Allegheny v. WCAB (Murphy)
Pa. Commw. Ct. · 2016 · confidence medium
Park Lodge, 718 A.2d at 370 (italics in original).
discussed Cited as authority (rule) C.O. Hernandez v. WCAB (Giorgio Foods, Inc.)
Pa. Commw. Ct. · 2015 · confidence medium
Central Park Lodge v. Workers’ Compensation Appeal Board (Robinson), 718 A.2d 368, 370 (Pa. Cmwlth. 1998). 3 Our review is limited to determining whether constitutional rights were violated, whether the adjudication is in accordance with the law, and whether the necessary findings of fact are supported by substantial evidence.
cited Cited as authority (rule) City of Philadelphia v. Workers' Compensation Appeal Board
Pa. Commw. Ct. · 2011 · confidence medium
Central Park Lodge v. Workers’ Compensation Appeal Board (Robinson), 718 A.2d 368, 370 (Pa.Cmwlth.1998).
discussed Cited as authority (rule) Daniels v. Workers' Compensation Appeal Board (2×)
Pa. Commw. Ct. · 2000 · confidence medium
Id. at 370 (emphasis in original).
Retrieving the full opinion text from the archive…
CENTRAL PARK LODGE, Petitioner,
v.
WORKERS’ COMPENSATION APPEAL BOARD (ROBINSON), Respondent
Commonwealth Court of Pennsylvania.
Aug 20, 1998.
718 A.2d 368
Cheryl Ann Yanni and Audrey E. Timm, Blue Bell, for petitioner., Brian R. Steiner, Philadelphia, for respondent.
Flaherty, Leadbetter, Narick.
Cited by 31 opinions  |  Published
NARICK, Senior Judge.

The issue on appeal is whether there is substantial, competent evidence to support the Workers’ Compensation Judge’s (WCJ’s) conclusion that Alice Robinson (Claimant) is completely recovered from her work-related disabilities. Because there is not, the decision of the Workmen’s Compensation Appeal Board (Board), which reversed the WCJ’s grant of a Petition for Termination, is affirmed.

The relevant facts are as follows. On November 25, 1986, Claimant was injured while working for Central Park Lodge (Employer) when a metal grate fell and struck her on the head. By decision dated March 22, 1990, Claimant was awarded total disability benefits under the Workers’ Compensation Act. [1] In awarding benefits, the WCJ made the following Findings of Fact:

9. It was Dr. Nelson’s opinion that as of the date of Claimant’s initial examination, Claimant suffered a concussion, was suffering from a post-concussion syndrome and also [suffered neck and back injuries.]
13. The Referee has compared the medical evidence adduced in this case and is more persuaded by Dr. Nelson’s opinions than by [those of Employer’s medical expert.]
14. The Referee finds the Claimant to be credible and based on the medical record and said credible testimony finds that the Claimant injured her head, neck, and back....”

On October 30, 1991, Employer filed a Petition for Termination and a Petition to Review Medical Treatment, alleging that Claimant was fully recovered from her work injury as of October 9, 1991, the date on which she was examined by Employer’s physician, Dr. Steven Valentino, and that any medical treatment rendered after that date was unreasonable and unrelated to Claimant’s work injury. Claimant denied Employer’s allegations, and a hearing was held before a WCJ. [2]

[*370] At the hearing, Employer offered the deposition testimony of Dr. Valentino, who opined that Claimant was fully recovered from her November 25,1986 work injury and required no additional medical care. The WCJ accepted Dr. Valentino’s testimony as credible and persuasive and concluded that Claimant was completely recovered from her work-related injuries as of October 9, 1991, although neither Dr. Valentino nor the WCJ addressed Claimant’s head injury, and also concluded that any medical treatment received by Claimant after that date was unnecessary. Accordingly, the WCJ granted Employer’s Petition for Termination and Petition to Review Medical Treatment.

Claimant appealed to the Board, which reversed the WCJ’s grant of the Petition for Termination because Dr. Valentino’s testimony only addressed Claimant’s neck and back injuries and failed to address Claimant’s head injury (i.e., her concussion and post-concussion syndrome). [3] As such, the Board held that Dr. Valentino’s testimony was insufficient as a matter of law to support the termination of Claimant’s benefits.

On appeal, [4] Employer argues that Dr. Valentino’s testimony was sufficient, even though he failed to address Claimant’s head injury, because Claimant never complained of a head injury while being examined by Dr. Valentino and because Claimant’s own medical experts offered no testimony concerning the head injury.

In a termination proceeding, however, a claimant has no burden to prove anything and, having already established the right to benefits, the benefits must remain in effect unless the employer proves that a termination of the claimant’s benefits is warranted. Dickson v. Workmen’s Compensation Appeal Board (Unico Construction Company, PMA Group), 676 A.2d 1821 (Pa. Cmwlth.1996), appeal denied, 546 Pa. 696, 687 A.2d 380 (1997); Giant Eagle, Inc. v. Workmen’s Compensation Appeal Board (Chambers), 161 Pa.Cmwlth. 35, 635 A.2d 1123 (1993). The burden of proof is entirely on the employer, which must prove that all of the claimant’s work-related disability has ceased. Metropolitan Ambulance, Inc. v. Workers’ Compensation Appeal Board (Walker), 702 A.2d 881 (Pa.Cmwlth.1997); Dickson; Giant Eagle.

In this case, it was conclusively established in the 1990 Claim Petition proceeding that Claimant was disabled due to work-related injuries to her neck, back, and head, with the head injuries involving a concussion and post-concussion syndrome. In order to terminate Claimant’s benefits, Employer was required to prove that Claimant was completely recovered from all of these injuries, including the head injuries. Because Employer’s medical expert, Dr. Valentino, completely failed ‘to address Claimant’s head injury, his testimony is insufficient as a matter of law. The WCJ’s decision to terminate Claimant’s benefits is therefore not supported by substantial evidence.

Accordingly, the order of the Board is affirmed.

ORDER

AND NOW, this 20 th day of August, 1998, the order of the Workers’ Compensation Appeal Board in the above-captioned matter is hereby affirmed.

LEADBETTER, J., dissents.

1

. Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §§ 1-1041.4.

2

. The WCJ presiding over the termination proceeding was not the same one who presided over the initial claim proceeding.

3

. Regarding the Petition to Review Medical Treatment, the Board remanded to the WCJ for a determination of whether Claimant required ongoing medical care due to her head injury.

4

. Our review is limited to determining whether constitutional rights have been violated or errors of law committed and whether necessary findings of fact are supported by substantial evidence. Volterano v. Workmen’s Compensation Appeal Board, 536 Pa. 335, 639 A.2d 453 (1994).