G. Gough v. UGI Utilities, Inc. (WCAB)
CourtCommonwealth Court of Pennsylvania
Date FiledOctober 27, 2026
Docket1047 C.D. 2025
JudgeLeadbetter
StatusUnpublished
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Full Opinion
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Glenn Gough, :
Petitioner :
:
v. : No. 1047 C.D. 2025
: SUBMITTED: September 14, 2026
UGI Utilities, Inc. (Workers’ :
Compensation Appeal Board), :
Respondent :
BEFORE: HONORABLE CHRISTINE FIZZANO CANNON, Judge
HONORABLE LORI A. DUMAS, Judge
HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY
SENIOR JUDGE LEADBETTER FILED: October 27, 2026
Claimant, Glenn Gough, petitions this Court for review of the July 2025
order of the Workers’ Compensation Appeal Board, which affirmed the decision of
a workers’ compensation judge (WCJ) denying Claimant’s claim petition. We
affirm.
In December 2022, Claimant filed a claim petition alleging that he
sustained a work injury on August 24, 2021, described as “left wrist carp[a]l tunnel
[and] right hand and right elbow injuries involving compressive neuropathies of the
median nerve and ulnar nerve[.]” Supplemental Reproduced Record (S.R.R.) at 2b.
UGI Utilities, Inc. (Employer) filed a Notice of Compensation Denial, which denied
that the injuries were work related. The WCJ conducted several hearings,1 at which
1
Claimant testified before the WCJ in February, June, and July 2023. Employer’s witnesses
testified before the WCJ in December 2023 and February and May 2024.
Claimant and Employer’s lay witnesses testified. Claimant also presented the
deposition testimony of his orthopedic surgeon, John Furia, M.D. Employer
submitted the deposition testimony of its medical expert, Sandiv Naidu, M.D., PhD.,
who conducted an independent medical examination (IME) of Claimant in April
2023.
Claimant testified that he worked for Employer for 26 years. During
the 8-10 years prior to sustaining the alleged work injury, Claimant worked as a
“mechanic III.” Reproduced Record (R.R.) at 30, 181.2 This position required the
use of vibratory tools, such as jackhammers and rock drills, to break up and remove
pavement, concrete, bricks, and rock. Claimant described the rock drill as
“constantly vibrating” when in use. Id. at 32. Claimant’s other duties included
inspecting the work of third-party contractors, making “drawings,” and “doing all
the billing.” Id. at 33. While Claimant used a jackhammer or rock drill daily when
he first began working for Employer, his use of these tools lessened when he began
inspecting. By 2015-2017, Claimant’s position involved more paperwork and less
manual labor, although vibratory tools were used for emergency calls.
In January 2019, Claimant began experiencing pain and numbness in
his hands, particularly whenever he used a jackhammer or rock drill at work.
Claimant’s family doctor referred him to a specialist, who diagnosed Claimant with
“severe[] carpal tunnel and a cubital tunnel.” Id. at 39. Claimant worked full-time
for Employer until he had surgery on his right hand in November 2021. Claimant
underwent surgery for his left hand in January 2022. He has not returned to work
for Employer since the November 2021 surgery. Regarding any work restrictions,
2
The pages of Claimant’s Reproduced Record are not numbered as required by Pa.R.A.P.
2173, with the Arabic numbers followed by a lowercase a. We will refer to the page numbers as
they appear in the Reproduced Record.
2
Claimant understood that he was to avoid simple grasping and heavy lifting.
Claimant provided Employer with a May 2022 medical report from Dr. Furia
detailing these work restrictions, but Employer has not contacted him about
returning to work. Claimant no longer receives treatment for his hands or wrists,
and he has not seen Dr. Furia since May 2022. Claimant does not believe he has
completely recovered from his work injury.
Claimant denied performing any type of repetitive work, other than for
Employer, or engaging in any activities in 2019 and 2020 that would have caused
his hand and wrist symptoms. He acknowledged owning several family businesses,
including a campground, several restaurants, and Caddyshack, a supplier of portable
toilets. Although Claimant would at times fix roads at the campground or haul in
dirt or stone, Claimant’s son provided “most of” the physical labor for the
campground. Id. at 68. Claimant helps bus tables for “five minutes” when the
restaurants are busy. Id. at 72. He is not regularly scheduled to work at these
locations. Claimant admitted using a backhoe in March 2021 to tear down a garage
attached to his house and to fix the parking lot at a restaurant that opened in 2023.
Several days a week, Claimant is responsible for dropping off, picking up, and
cleaning Caddyshack’s portable toilets. Caddyshack has been in operation since
2013. Claimant stated that his son performed most of the work for Caddyshack in
2021.
During cross-examination, Claimant agreed that operating a backhoe
requires simple grasping to use the hand controls and that he had no issues using
them. Claimant did not know how much the portable toilets weighed, but he
described them as “light, just plastic.” Id. at 126. Claimant disputed Employer’s
records to the extent they indicated he did not use vibratory tools in 2020 and 2021.
3
He agreed, however, that in 2020 and 2021 he worked primarily on large inspection
projects, valve inspections, and “locating,” which involves marking the location of
Employer’s services and facilities so they are not affected when work is performed.
Id. at 139, 184. Claimant conceded that, “for the most part,” he did not use vibratory
tools for large inspection projects, but he maintained they might be necessary during
emergency calls. Id. at 142. Claimant denied applying for short-term disability with
Lincoln Financial Group (Lincoln Financial); however, records from Lincoln
Financial indicated that it contacted Claimant about his application, medical status,
and treatment received. In addition, Lincoln Financial advised Claimant by letter
that it closed his case in December 2022 after Claimant failed to provide medical
records supporting his claim.
Dr. Furia first examined Claimant in October 2021. Claimant stated
that he used vibratory tools at work and experienced bilateral numbness and tingling
in his hands for “well over a year.” S.R.R. at 26b. Upon physical examination, Dr.
Furia observed decreased sensation on the median and ulnar nerves of the right
extremity and the median nerve of the left, which suggested compression of the
nerves. Nerve and electromyography studies indicated bilateral carpal tunnel
syndrome and right cubital tunnel syndrome. Ultimately, Claimant underwent
surgery for his right extremity in November 2021 and for the left extremity in
January 2022. At a February 2022 follow-up appointment, Claimant reported some
improvement in his symptoms, particularly on the right side; however, Claimant did
not believe he could operate a jackhammer or rock drill at work. As a result, Dr.
Furia released Claimant to light-duty work but restricted him from operating
vibratory tools. On Dr. Furia’s recommendation, Claimant obtained a Functional
Capacity Evaluation (FCE) in April 2022, which indicated that Claimant “could
4
safely work at the medium physical demand capacity.” Id. at 42b; Certified Record
(C.R.), Item No. 25, Ex. C-4. Dr. Furia did not believe that operating a jackhammer
or rock drill fell in the category of “medium physical demand[.]” Id. At his final
appointment with Dr. Furia in May 2022, Claimant reported continued improvement
of his symptoms but stated that he was still not comfortable using a jackhammer.
Dr. Furia did not recommend any further treatment, other than the use of topical
creams to reduce inflammation, but he continued Claimant’s prior light-duty
restrictions.
Dr. Furia opined that Claimant’s bilateral carpal tunnel syndrome and
right cubital tunnel syndrome were caused by the repetitive nature of his
employment, particularly the use of vibratory tools. He relied on the history
provided by Claimant that he frequently used a jackhammer and rock drill at work.
Dr. Furia was not aware of any other type of repetitive work that might have caused
Claimant’s symptoms. Claimant had not discussed his involvement in family
businesses with Dr. Furia. Thus, Dr. Furia agreed that he could not attribute
Claimant’s condition either to his work for Employer or to his personal business
activities. Moreover, Dr. Furia stated that his opinion that Claimant suffered a work-
related injury “might change” if Claimant did not use vibratory tools in 2020 and
2021. S.R.R. at 54b. Because he had not examined Claimant since May 2022, Dr.
Furia could not offer an opinion as to whether Claimant had fully recovered from
the alleged work injury, and he would defer to Dr. Naidu’s opinions as to the need
for work restrictions or further treatment.
Employer’s senior human resources generalist, Cheryl Orndorf,
testified that the mechanic III position generally involves inspecting the work of
contractors or large crews, or marking the location of Employer’s services and
5
facilities so they are not affected when work is performed. Physical work is
performed by other employees. Regarding emergency calls, Ms. Orndorf
understood that a mechanic III would go to the site, “make [it] safe, and then call out
a crew” if digging was required. R.R. at 184. Ms. Orndorf understood that a
mechanic III would not perform that work, so as to remain available for other
emergency calls. Ms. Orndorf has been on “ride-alongs” and personally observed
the duties of the mechanic III position. Id. at 182. A review of Claimant’s timesheets
revealed that he generally performed “inspection work, valve inspection[s], [and]
locating.” Id. at 184. Based on those timesheets, Ms. Orndorf did not believe that
Claimant used vibratory tools for any work performed in 2020 and 2021, including
emergency calls. Regarding Claimant’s receipt of short-term disability, Ms. Orndorf
advised that Employer funds the policy but Lincoln Financial administers it.
Employer cannot open a short-term disability claim on behalf of an employee.
Therefore, Ms. Orndorf assumed that Claimant submitted the application to Lincoln
Financial. Email correspondence from Lincoln Financial to Claimant’s counsel
indicate that Claimant initiated the application in November 2021 “via the internet.”
C.R., Item No. 42, Ex. D-13.
Employer’s supervisor for operations, Joseph Miller, II, reviewed
Claimant’s timesheets with Ms. Orndorf and confirmed that Claimant worked
primarily as an inspector for the mechanic III position in 2020-21. In this capacity,
Claimant oversaw the operations of third-party contractors. He would not have used
vibratory tools or performed physical labor. Claimant’s timesheets indicated that,
although Claimant was on call for emergencies in 2020 and 2021, he was not called
out for emergencies during that period. Mr. Miller conceded that Claimant’s
timesheets only indicated the type of job he performed on a given day, and not the
6
specific tasks required for each job. Mr. Miller would try to visit Claimant’s job site
once a week for 15-30 minutes. Otherwise, he did not personally observe Claimant
performing his job duties.
Dr. Naidu, an orthopedic surgeon, obtained a history from Claimant as
part of the April 2023 IME. Claimant advised Dr. Naidu that his job with Employer
involved the use of jackhammers, rock drills, and other vibratory equipment, and he
developed numbness, tingling, and pain in both upper extremities. Claimant’s
symptoms improved after surgery. Dr. Naidu stated that, beyond some sensory
deficit along the surgical sites, Claimant’s physical examination was normal. Dr.
Naidu did not dispute the work restrictions placed on Claimant by Dr. Furia in May
2022. By April 2023, however, Claimant’s bilateral carpal tunnel syndrome and
right cubital tunnel syndrome had “fully resolved” and he did not require further
treatment or work restrictions. R.R. at 270. Dr. Naidu disagreed with Dr. Furia that
Claimant’s condition related to his employment. Dr. Naidu described carpal tunnel
syndrome as “an anatomic issue” where compression of the nerves is caused by “the
anatomy itself[,]” rather than “external forces.” Id. at 271. Claimant’s diagnostic
studies indicated that “the nerves were pretty much dead” due to “anatomical
constraints” and compression of the nerves that likely occurred “over two decades.”
Id. at 270-72. While Dr. Naidu did not attribute Claimant’s carpal tunnel syndrome
or cubital tunnel syndrome to his work for Employer, he agreed that the use of
vibratory tools could “bring up the symptoms of pain, numbness[,] and tingling.”
Id. at 274. If Claimant used a rock drill, for example, on August 24, 2021, the date
Claimant allegedly sustained a work injury, and he experienced symptoms from his
carpal tunnel or cubital tunnel syndrome, Dr. Naidu would consider that an
“aggravation” of those conditions. Id. at 276. Dr. Naidu noted that, in addition to
7
his job with Employer, Claimant worked for his family-owned restaurants and other
businesses “using his hands pretty much at all times everywhere else[,]” which could
“cause symptoms as far as carpal tunnel goes.” Id. at 270, 276. Dr. Naidu expressly
denied that the use of vibratory tools caused Claimant’s nerve compression, and
Claimant would have developed carpal tunnel syndrome and cubital tunnel
syndrome, regardless of his employment.
The WCJ issued a decision denying the claim petition. The WCJ
generally rejected Claimant’s testimony as not credible, in part based on his
demeanor during in-person hearings. The WCJ found that Claimant worked as a
mechanic III for Employer since “at least 2017.” WCJ Decision, Finding of Fact
(F.F.) No. 7; R.R. at 6. The credible testimony of Mr. Miller and Ms. Orndorf that
Claimant’s position did not require the use of vibratory tools refuted Claimant’s
testimony regarding his job duties. The WCJ noted that Claimant agreed he worked
primarily as an inspector in 2020 and 2021. Claimant’s testimony that he did not
apply for disability benefits from Lincoln Financial was contradicted by
documentary evidence. Further, Claimant testified inconsistently about the work he
did for businesses he owned, initially stating that he did little physical work and later
admitting that he operated a backhoe, and that, since 2013, he has delivered, cleaned,
and pressure-washed portable toilets three or four days a week for Caddyshack. The
WCJ deemed Mr. Miller and Ms. Orndorf credible based on their demeanor and
corroborative testimony. In addition, Ms. Orndorf’s testimony regarding Claimant’s
job duties was supported by Employer’s documentation and her personal
observations.
The WCJ discredited Dr. Furia’s opinion that Claimant suffered a work
injury, as it relied solely on Claimant’s account of his job duties and was “based on
8
facts not of record.” WCJ Decision, Conclusion of Law No. 3; R.R. at 8. Moreover,
Dr. Furia was unaware of Claimant’s personal business activities, which Dr. Furia
agreed could have aggravated Claimant’s condition. As Dr. Furia had not seen
Claimant since May 2022, he could not give an opinion as to whether Claimant had
fully recovered. Thus, the WCJ rejected Dr. Furia’s opinions to the extent they
conflicted with those of Dr. Naidu, which the WCJ found to be “credible, logical,
internally consistent, and persuasive.” Id., F.F. No. 17; R.R. at 8. The WCJ found
that Dr. Naidu’s opinions were supported by his findings from the IME and
Claimant’s medical records. Because Claimant failed to prove he suffered a work-
related injury, the WCJ denied the claim petition. Claimant appealed to the Board,
which affirmed.
On appeal to this Court, Claimant argues that the WCJ erred in rejecting
Claimant’s testimony and that the WCJ failed to make a reasoned decision, as
required by Section 422(a) of the Workers’ Compensation Act.3
Claimant argues that Employer failed to present any evidence to refute
his testimony regarding the use of vibratory tools at work. He asserts that the
testimony from Ms. Orndorf and Mr. Miller relied on timesheets that did not identify
the specific tasks Claimant performed, and which only covered 2 of the 26 years
Claimant worked for Employer. Claimant points out that the mechanic III job
description includes “[r]epetitive motions of any part of the body” as a job
requirement. R.R. at 13. According to Claimant, the record contains no facts to
support the WCJ’s credibility determinations and the WCJ erred in discrediting his
3
Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 834. Section 422(a) of the Act requires
the WCJ to issue a “reasoned decision containing findings of fact and conclusions of
law based upon the evidence as a whole which clearly and concisely states and explains the
rationale for the decisions[.]” Id.
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testimony and, by extension, the testimony of Dr. Furia. Claimant also argues that
Dr. Naidu’s testimony was inconsistent and contradictory, where Dr. Naidu
acknowledged that vibratory tools can aggravate the symptoms of carpal tunnel or
cubital tunnel syndrome but nonetheless opined that Claimant’s condition was
unrelated to his job with Employer. As a result, the WCJ erred in crediting Dr.
Naidu’s testimony and opinions.
The WCJ is the ultimate finder of fact and the exclusive arbiter of
credibility and evidentiary weight. Lindemuth v. Workers’ Comp. Appeal Bd.
(Strishock Coal Co.), 134 A.3d 111, 125 (Pa. Cmwlth. 2016). In executing her role
as factfinder, the WCJ is free to accept or reject, in whole or in part, the testimony
of any witness. Id. It is irrelevant whether the record contains evidence to support
findings other than those made by the WCJ; the inquiry before this Court is whether
substantial evidence exists to support the findings actually made. Minicozzi v.
Workers’ Comp. Appeal Bd. (Indus. Metal Plating, Inc.), 873 A.2d 25, 29 (Pa.
Cmwlth. 2005). Furthermore, a WCJ’s credibility determinations are due substantial
deference, and such determinations may only be overturned if they are “arbitrary and
capricious or so fundamentally dependent on a misapprehension of material facts, or
so otherwise flawed, as to render [them] irrational.” Casne v. Workers’ Comp.
Appeal Bd. (Stat Couriers, Inc.), 962 A.2d 14, 19 (Pa. Cmwlth. 2008). A WCJ who
hears a witness testify live is “in a position to render a demeanor-based assessment
of his credibility[.]” Daniels v. Workers’ Comp. Appeal Bd. (Tristate Transp.), 828
A.2d 1043, 1054 (Pa. 2003).
We reject Claimant’s challenge to the WCJ’s credibility
determinations. Claimant, Mr. Miller, and Ms. Orndorf all testified in person before
the WCJ. Although the WCJ was not required to explain her credibility
10
determinations for these witnesses, she provided multiple bases for rejecting
Claimant’s testimony and crediting that of Mr. Miller and Ms. Orndorf. The WCJ
noted Claimant’s inconsistent testimony regarding his personal businesses and the
activities performed for those businesses. Documents from Lincoln Financial
contradicted Claimant’s testimony that he did not apply for short-term disability.
Moreover, Claimant could not provide specifics as to how often he used vibratory
tools after 2015-2017, when he began performing less manual labor, only stating
that “[i]t wasn’t as much.” R.R. at 49. While vibratory tools were used for
emergency calls, Claimant’s timesheets indicated that he was not called out in 2020
or 2021. The WCJ rendered demeanor-based credibility determinations for Mr.
Miller and Ms. Orndorf, whose testimony was also corroborated by Employer’s
documentation. As Claimant has provided no legitimate basis for this Court to
overturn the WCJ’s credibility determinations, we decline to do so.
We also disagree that Dr. Naidu’s testimony is inconsistent or
contradictory. Dr. Naidu unequivocally testified that the use of vibratory tools did
not cause Claimant’s carpal tunnel or cubital tunnel syndrome. Notably, Claimant’s
claim petition describes the alleged work injury as “left wrist carp[a]l tunnel; right
hand and right elbow injuries involving compressive neuropathies of the median
nerve and ulnar nerve[.]” C.R., Item No. 2. Claimant does not allege any work-
related aggravation of this injury. Dr. Naidu’s acknowledgement that the use of
vibratory tools, or the personal business activities in which Claimant engaged, could
aggravate Claimant’s condition is simply irrelevant to the disposition of the claim
petition.
Finally, Claimant argues that the WCJ failed to issue a reasoned
decision under Section 422(a) of the Act. In this regard, Claimant largely reiterates
11
his challenges to the WCJ’s credibility determinations, citing “credible and
uncontradicted evidence” that Claimant used vibratory tools as part of his job duties.
Claimant’s Br. at 29. He contends that the WCJ capriciously disregarded his
“trustworthy evidence” of repetitive trauma and that the WCJ failed to explain her
reasons for crediting Dr. Naidu. Id. We disagree.
A decision is “reasoned” for purposes of Section 422(a) if it allows for
adequate review by the appellate courts under the applicable review standards. Acme
Mkts., Inc. v. Workers’ Comp. Appeal Bd. (Brown), 890 A.2d 21, 26 (Pa. Cmwlth.
2006). The purpose of a reasoned decision is to spare the reviewing court from
having to imagine why the WCJ believed one witness over another. Dorsey v.
Workers’ Comp. Appeal Bd. (Crossing Constr. Co.), 893 A.2d 191, 196 (Pa.
Cmwlth. 2006). The WCJ’s decision satisfies the reasoned decision requirement
where the WCJ summarizes testimony and objectively explains her credibility
determinations. Amandeo v. Workers’ Comp. Appeal Bd. (Conagra Foods), 37 A.3d
72, 76 (Pa. Cmwlth. 2012). In a case where the WCJ “has had the advantage of
seeing the witnesses testify and assessing their demeanor, a mere conclusion as to
which witness was deemed credible . . . could be sufficient to render the decision
adequately ‘reasoned.’” Daniels, 828 A.2d at 1053. A WCJ may reject a medical
expert’s opinion where it is based on information provided by a claimant that the
WCJ rejected. Green v. Workers’ Comp. Appeal Bd. (US Airways), 155 A.3d 140,
148 (Pa. Cmwlth. 2017).
As discussed herein, there is no basis for overturning the WCJ’s
credibility determinations as to Claimant, Mr. Miller, and Ms. Orndorf, and the WCJ
“properly relied on [her] own observations of Claimant’s demeanor.” Amandeo, 37
A.3d at 77. Claimant’s argument that the WCJ capriciously disregarded
12
uncontroverted evidence has no merit. Claimant’s evidence was not uncontroverted,
where Employer presented the testimony of two lay witnesses, documentary
evidence, and the expert testimony of Dr. Naidu to refute Claimant’s evidence that
he suffered a work injury. Furthermore, the WCJ did not capriciously disregard
Claimant’s evidence. Capricious disregard only occurs where a WCJ “deliberately
ignores relevant, competent evidence.” Williams v. Workers’ Comp. Appeal Bd.
(USX Corp. – Fairless Works), 862 A.2d 137, 145 (Pa. Cmwlth. 2004). The WCJ’s
express consideration and rejection of Claimant’s evidence, “by definition, is not
capricious disregard.” Id. The WCJ did not err in rejecting Dr. Furia’s opinion of
the work-related nature of Claimant’s carpal tunnel and cubital tunnel syndrome,
given Dr. Furia’s reliance on Claimant’s self-reported use of vibratory tools, which
the WCJ deemed not credible. Green.
Finally, the Court does not have to imagine why the WCJ found Dr.
Naidu credible, as she found that Dr. Naidu’s opinions were supported by his
physical findings from the IME and Claimant’s medical records. The WCJ provided
several reasons for rejecting Dr. Furia’s testimony and opinions. She noted that Dr.
Furia had not examined Claimant since May 2022 and, as a result, Dr. Furia could
not say whether Claimant had fully recovered or whether he required work
restrictions or further medical treatment. This satisfies the reasoned decision
requirement in Section 422(a).
For the reasons set forth above, we affirm the Board.
_____________________________________
BONNIE BRIGANCE LEADBETTER,
President Judge Emerita
13
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Glenn Gough, :
Petitioner :
:
v. : No. 1047 C.D. 2025
:
UGI Utilities, Inc. (Workers’ :
Compensation Appeal Board), :
Respondent :
ORDER
AND NOW, this 27th day of October, 2026, the order of the Workers’
Compensation Appeal Board is hereby AFFIRMED.
_____________________________________
BONNIE BRIGANCE LEADBETTER,
President Judge Emerita