IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Norman Rickley, :

Petitioner :

:

v. : No. 525 C.D. 2023

: Submitted : February 6, 2024

Carrols Corporation (Workers’ : Compensation Appeal Board), : Respondent :

BEFORE: HONORABLE RENÉE COHN JUBELIRER, President Judge

HONORABLE ANNE E. COVEY, Judge

HONORABLE MARY HANNAH LEAVITT, Senior Judge

OPINION NOT REPORTED

MEMORANDUM OPINION

BY SENIOR JUDGE LEAVITT FILED: April 4, 2024

Norman Rickley (Claimant) petitions for this Court’s review of the

adjudication of the Workers’ Compensation Appeal Board (Board) that affirmed the

decision of the Workers’ Compensation Judge (WCJ) . The WCJ granted in part

Claimant’s claim petition filed against Carrols Corporation (Carrols) with respect to

his injury of November 27, 2017, and denied Claimant’s petition to review treatment

filed against Dandy Service Corporation (Dandy Service) with respect to his March

29, 2006, work injury. Claimant arg ues that the WCJ erred by placing the burden

on Claimant to prove that his ongoing treatment was related to the March 29, 2006,

injury and by crediting equivocal medical evidence.

Claimant filed a brief identical to the one filed in Rickley v. Dandy

Service Corp. (Workers’ Compensation Appeal Board) (Pa. Cmwlth., No. 524 C.D.

2023

, filed April 4, 2024 ), in which he challenges the Board’s denial of his petition

to review treatment filed against Dandy Service with respect to his March 29, 2006,2

work injury

. In his petition for review filed in the instant case

, Claimant specifically

stated that he “ is not alleging an error with respect to the granting of his November

2 7 , 2017 injury Claim Petition, but is alleging that the findings of fact relative to the

March 29, 2006 date of injury are erroneous. ” Petition for Review at 3, ¶8.

Carrols , the R espondent in this case, notes that Claimant has no claims

against Carrols

. Claimant challenges only the denial of his petition to review

medical treatment , which involved Dandy Service. In granting

, in part

, Claimant’s

claim petition against Carrols, the WCJ found that only three medical treatments

were causally related to the November 27, 2017, injury at Burger King, a franchise

operated by Carrols : the November 28, 2017, visit to MedExpress; the December 2,

2017, visit to MedExpress; and the January 10, 2018, visit with Dr. Jon Levy.

Because Claimant does not challenge the termination of benefits arising from his

November 27, 2017, injury, he has waived all issues on appeal as to Carrols.

Claimant challenges only “the findings of fact ” relative to “ the March

29, 2006 injury” and does not challenge the WCJ’s grant of his claim petition against

Carrols with respect to his November 27, 2017, injury

. Petition for Review at 3, ¶8

.

W e a ffirm the Board’s adjudication insofar as it affirmed the WCJ’s grant of the

claim petition

.

_____________________________________________ MARY HANNAH LEAVITT, President Judge EmeritaIN THE COMMONWEALTH COURT OF PENNSYLVANIA

Norman Rickley, :

Petitioner :

:

v. : No. 525 C.D. 2023

: Carrols Corporation (Workers’ : Compensation Appeal Board), : Respondent :

O R D E R

AND NOW, this 4th day of April , 2024, the adjudication of the

Workers’ Compensation Appeal Board, dated April 26, 2023, in the above

- captioned

matter, is AFFIRMED insofar as it affirmed the Workers’ Compensation Judge’s

grant of the claim petition against Carrols Corporation.

___________________ __________________________ MARY HANNAH LEAVITT, President Judge Emerita