Bisco v. SD Warren
September 22, 2017
Pre-Injury Wage Ongoing Benefits Change in Circumstances
Summary from the Troubh Heisler Attorneys
Mr. Bisco had previously established his injury as work-related, but the decree did not award him ongoing partial incapacity benefits, finding he was able to earn his pre-injury wage. He later filed a Petition for Restoration seeking an award of benefits, claiming a change in circumstances. Mr. Bisco argued that he was no longer able to take ibuprofen, so the pain from his work injury increased, rendering him disabled. Judge Goodnough awarded Mr. Bisco three months of benefits but declined to award any ongoing incapacity benefits, and Mr. Bisco appealed.
The WCB Appellate Division found that Judge Goodnough’s findings did not fully address the issue of changed economic or medical circumstances and thus remanded the case back to him for further findings. The panel held, however, that Judge Goodnough could have concluded that Mr. Bisco’s “allegedly worsening” pain by itself did not constitute a change of circumstances, especially when the medical records did not “document any appreciable change.”