HARRISBURG — The Commonwealth Court has ruled against Yvette D. Blassingame, representing herself, who unsuccessfully petitioned the court to reverse a Workers' Compensation Appeal Board ruling denying her claims for coverage.
The board found that she sustained a work-related injury and awarded her disability benefits. However, her claims for additional benefits were denied.
Judge Robert Simpson of the Commonwealth Court of Pennsylvania affirmed the board’s decision on Aug. 28. Blassingame was employed as an armed security guard.
Judge Robert E. Simpson
On March 14, 2016, she allegedly fell out of a chair while on duty. She allegedly felt pain in her knee and immediately recorded the incident. She went to the hospital after her shift and was treated, according to court documents.
Blassingame filed her claim in April 2016, alleging that she has sustained injuries to her knee, wrist, shoulder, hip and back. She sought ongoing benefits starting from the date of her accident. In May 2016, her employer issued a notice of compensation denial.
The employer had an independent medical evaluation performed, according to court documents. The physician found that “Claimant’s complaints regarding her left shoulder, left hip, left wrist, and lumbar spine were not related to her work injury. Rather, multiple diagnostic studies indicated pre-existing degenerative changes and injuries in these areas.”
Claimant admits that she was involved in two car accidents and was seeing a chiropractor three times a week since 2004.
The Workers' Compensation judge accepted Blassingame’s claim that she injured her knee while on duty.
However, she did not accept the claims about additional injuries. The judge noted that “Claimant’s testimony regarding her pain levels internally [are] inconsistent... At the emergency room, Claimant indicated the pain level in her knee was 6 out of 10. However, after her treatment, which Claimant indicated helped her, the pain level in her knee rose to 8 out of 10.”
The judge's decision was affirmed on appeal by the board. Claimant then took her case to court.
The Commonwealth court determined that “Claimant’s contentions lack merit.”