Alpensjo v. Sandvik Materials Technology, Inc.

27 Pa. D. & C.5th 364
CourtPennsylvania Court of Common Pleas, Lackawanna County
DecidedFebruary 15, 2013
DocketNo. 2010 CV 1277
StatusPublished

This text of 27 Pa. D. & C.5th 364 (Alpensjo v. Sandvik Materials Technology, Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alpensjo v. Sandvik Materials Technology, Inc., 27 Pa. D. & C.5th 364 (Pa. Super. Ct. 2013).

Opinion

MINORA, J.,

Swedish bom plaintiff, Johan Alpensjo (hereinafter “Alpensjo”) moves for partial summary judgment against defendants, Sandvik Materials Technology, Inc. (hereinafter “Sandvik”) asserting, in support of his motion, the theory of collateral estoppel based upon a final judgment rendered by a worker’s compensation judge. For reasons hereinafter articulated, we sustain plaintiff’s motion.

FACTUAL BACKGROUND

This case arises out of a second amended complaint by Alpensjo alleging Sandvik committed wrongful termination of employment as a violation of public policy in the context of a worker’s compensation claim. It also [366]*366alleges defamation.

Basic facts in this case are not in significant dispute. Plaintiff is a Swedish national who legally entered into the United States via an E2 work visa. Plaintiff’s work visa was facilitated by defendant, Sandvik, his employer, an American subsidiary of Sandvik, Inc. a Swedish company. In 2007, Sandvik provided Alpensjo the requisite employment opportunity and assisted him with the paperwork necessary to secure the E2 work visa. (See transcript of record of John Alpensjo Dep. 6-8, Feb. 15, 2010).1

According to Alpensjo’s deposition (Alpensjo Dep. 11:14-23) plaintiff was promoted in 2008 by LisaAntignoli as a result of his proficient management of Sandvik’s bigger global projects.

At Alpensjo Dep. 13:4-22, plaintiff’s supervisor, Lisa Antignoli, wrote an email to the president of Sandvik Materials Technology and others indicating that with regard to Alpensjo she was,

“...also positioning him (Alpensjo) into the high achiever and high potential category within my department as a potential future department manager.”

At Alpensjo Dep. 14:9-25, Lisa Antignoli also wrote a May 21, 2008 email at 4:06 p.m. directed again to the president and others regarding Alpensjo wherein Ms. [367]*367Antignoli stated,

“...I am proposing to promote a solid member of my department, John Alpensjo...He has come up to the top in my department and exemplified a high level of leadership, initiative and ability to collaborate on a global perspective. I am also positioning him into achiever and high potential category within my department as a potential future department manager. With Bill Coleman gone, John easily steps into this management role.”

Other correspondence indicates that HR manager, Brian Spencer, concurs with Lisa Antignoli’s assessment of Alpensjo’s proven abilities.

On May 22, 2008, president of Sandvik, Peter Frosini, approved a salary increase for Alpensjo. From May22,2008 until the date of an automobile accident on December 11, 2008 that left Alpensjo impaired and unable to work, there is no documentary or testimonial evidence suggesting that Sandvik was unhappy with Alpensjo as their employee. (See Alpensjo Dep. 26:2-6, 27:20-28:25).

While on a work related automobile trip to Connecticut on December 11, 2008, Alpensjo was involved in an automobile accident wherein he sustained personal injury to his right eye, neck and upper back. (See Alpensjo Dep. 29:8-25). The immediate result of the accident left Alpensjo with nausea, light/photo sensitivity, blurred vision, double vision and distorted vision. (See Alpensjo [368]*368Dep. 30). In addition, Alpensjo also sustained significant headaches.

These conditions left Alpensjo unable to work. Being right eye dominant, his vision issues also left Alpensjo impaired. Sandvik referred Alpensjo to northeast occupational medicine (hereinafter “NEOMED”) and also to Bobbi O’Donnell to coordinate treatment. Alpensjo was told that he must use company doctors for diagnosis and treatment. (See Alpensjo Dep. 42).

Alpensjo attempted a part-time return to work in late January of 2009 at four hours per day. Due to Alpensjo’s eye problems, morning adjustment to daylight was difficult. This caused him to be tardy at traditional work arrival times. He was also told to try to schedule all of his medical needs outside of his four hour window of work.

By the middle of February 2009, Alpensjo was trying to increase his work day to six hours per day. The transition back to work was difficult, and his vision and light problems impaired his ability to read computer screens. Sandvik management was also pressuring Alpensjo to accelerate his return to work. (See Alpensjo Dep. 66).

A January 15, 2009 eye exam at northeast eye revealed continued double vision in Alpensjo’s right eye as well as light sensitivity.

Alpensjo candidly admits at Alpensjo Dep. 71 that after the accident, despite an attempt to work four hours per day, his pre-accident productivity was reduced and he was [369]*369really only performing two hours of real work in the four hour period.

On March 3, 2009, Alpensjo arrived at Sandvik and was told that he was to have an urgent meeting with Lisa Antignoli and Brian Spencer. (See Alpensjo Dep. 99:14-21). At that meeting, Alpensjo’s employment with Sandvik was terminated. Alpensjo was advised that he had thirty days to leave the countiy. (See Alpensjo Dep. 108:20-25). Alpensjo’s visa expiration date was May 21, 2009.

At plaintiff’s supplemental brief Exhibit 1, a December 16, 2008 letter from Sentry Insurance to Alpensjo shows a claim was made under the Worker’s Compensation Act for a date of loss dated December 11, 2008. The same document at Exhibit 2 shows worker’s compensation first report of injury or illness dated December 15, 2008 as the date the administration was notified.

Although Alpensjo’s E2 visa had expired on May 21, 2009 and Alpensjo had returned to Sweden, a defendant independent medical examination (hereinafter “IME”) was arranged by Sandvik with Dr. Vardie in Philadelphia, Pennsylvania for June 4, 2009. A defense physical examination was also arranged by Sandvik with a Dr. Mauthe for June 8, 2009. Defendant was aware of Alpensjo’s absence from the United States since they had terminated his employment and notified Swedish and United States authorities of his E2 work visa expiring.

Whether this scheduling of Alpensjo’s physical [370]*370examinations for his worker’s compensation claim was merely clerical error and oversight or Sandvik’s scheme to deny Alpensjo his benefits may be subject to debate. The facts next referenced, however, are not debatable, and are facts that have circumstantial impact.

In the Brian Spencer deposition (transcript of record of Brian Spencer Dep. 158:2-25, Mr. Spencer was asked whether he had written letters to the Swedish Embassy, and the United States Citizenship and Immigration Service in March and April of2009 and he replied, “That is correct.”2 (See Spencer Dep. 158:9).

Mr. Spencer acknowledged in his deposition that the letters were for two purposes: first, to advise recipients that Sandvik no longer employed Alpensjo, and second, to advise the recipients that due to Alpensjo’s loss of employment, he was no longer eligible to remain in the country under the terms of his visa.

At Spencer Dep. 160, Mr. Spencer quotes his letters, “To support your efforts to repatriate him (Alpensjo). See generally Spencer Dep. 155:167).

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