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 argues 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, 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 27, 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 Respondent 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.

We affirm the Board’s adjudication insofar as it affirmed the WCJ’s grant of the claim petition.

_____________________________________________ MARY HANNAH LEAVITT, President Judge Emerita

IN THE COMMONWEALTH COURT OF PENNSYLVANIA Norman Rickley, : Petitioner : : v. : No. 525 C.D. 2023 : Carrols Corporation (Workers’ : Compensation Appeal Board), : Respondent : ORDER 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