Claim of Lomuscio v. Metropolitan Suburban Bus Authority
Claimant, a bus driver, sustained work-related neck and back injuries in 1993 and 1994, for which she received workers' compensation benefits. She later experienced increased neck discomfort in August 1996 and, in November 1996, while operating a bus, heard a popping sound in her neck, leading to excruciating pain, with a subsequent MRI revealing disc herniations and neuroforaminal stenosis. A Workers’ Compensation Law Judge and the Workers’ Compensation Board concluded her partial disability stemmed from a "new accident" in November 1996, not an exacerbation of prior injuries, and denied continuing benefits. On appeal, the Court found insufficient evidence to solely attribute the partial disability to the November 1996 accident, noting prior medical findings consistent with degenerative changes before the November incident. Consequently, the Board's decision was reversed, and the matter was remitted for further proceedings to determine the causation of her partial disability.