Volkswagen of America v. Workmen's Compensation Appeal Board

BYER, Judge.

Volkswagen of America and its insurance carrier, Sentry Insurance Company, appeal an order of the Workmen’s Compensation Appeal Board reversing a referee’s decision denying David Russell’s petition to reinstate benefits. The board reversed because it concluded that the referee capriciously disregarded uncontradicted expert testimony by a treating physician. We affirm.

Russell fell into an open pit while employed by Volkswagen, aggravating a pre-existing aseptic necrosis 1 of the right hip. His benefits were terminated in 1984. When he underwent surgery in 1985 for his aseptic…