ARMCO, Inc. v. Workmen's Compensation Appeal Board

667 A.2d 710, 542 Pa. 364, 1995 Pa. LEXIS 1278
CourtSupreme Court of Pennsylvania
DecidedNovember 28, 1995
StatusPublished
Cited by18 cases

This text of 667 A.2d 710 (ARMCO, Inc. v. Workmen's Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ARMCO, Inc. v. Workmen's Compensation Appeal Board, 667 A.2d 710, 542 Pa. 364, 1995 Pa. LEXIS 1278 (Pa. 1995).

Opinions

OPINION

MONTEMURO, Justice.

In this workers’ compensation case, Appellant, Armco, Inc. (Employer) appeals from an order and an opinion of the Commonwealth Court affirming an order of the Workmen’s Compensation Appeal Board (Board) which in turn affirmed the referee’s award of workers’ compensation benefits to Appellee, Clarence Mattern (Claimant).1

Claimant, born on October 12, 1924, began to work for Employer on September 21, 1950. Claimant was employed as a scarier. His last day of work with Employer was September 30, 1984. On July 13, 1988, Claimant filed a claim petition for workers’ compensation benefits alleging an occupational disease pursuant to Section 108 of the Pennsylvania Workmen’s Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 27.1.2 Specifically, Claimant alleged that while working as a scarier, he was exposed to dust and fumes that caused chronic obstructive lung disease, and that he was therefore, totally disabled as of September 14, 1984. At the hearing before the referee, Claimant testified as to the breathing problems he was experiencing, and further, testified [366]*366that he was first notified of the alleged condition and its work-relatedness by Dr. Michael Wald on June 8, 1988. It was stipulated that Claimant notified Employer of the alleged injury on June 30,1988.

In support of his claim, Claimant presented the medical testimony of Dr. Wald and Dr. Nicolas Tapyrik. Based upon the testimony presented, the referee found that Claimant had, in fact, been exposed to dust, gasses and fumes while employed by Armco, Inc. Moreover, based upon the testimony of Dr. Wald, Dr. Tapyrik and Claimant, the referee concluded that Claimant was totally disabled as a result of chronic obstructive lung disease with a manifestation of both chronic bronchitis and pulmonary emphysema. (Referee’s July 16, 1990 decision at Finding of Fact No. 6.) However, resulting from Claimant’s history of heavy cigarette smoking and from the medical testimony presented, the referee specifically determined that “[wjhile the Claimant’s lung condition is related to his cigarette smoking, the irritant fumes and dusts from his work environment were of significance in aggravating the underlying pre-existing condition....” (Referee’s June 26, 1992 decision at Finding of Fact No. 5.)3 Finding Claimant’s medical witnesses to be more credible, the referee specifically rejected the testimony of Employer’s medical witness, Dr. George Fino, who did not believe that Claimant’s occupation was a contributing factor to the lung disease.

Both of Claimant’s medical witnesses also testified that because the work environment would further cause an aggravation to his underlying lung disease, Claimant could not return to work as a scarier. As a result of such testimony, the referee found that Claimant was totally disabled as of September 14, 1984, that he was physically unable to perform [367]*367his regular job as a scarfer, and accordingly, that he was entitled to benefits.

Employer appealed to the Board, arguing that the referee’s award did not specify whether compensation had been awarded pursuant to Section 301(c)(1), 77 P.S. § 411(1),4 or Section 301(c)(2), 77 P.S. § 411(2).5 The Board agreed that the award lacked specificity and remanded the case so that the referee could specify under which section compensation had been awarded. On remand, the referee concluded that based upon the facts and the medical testimony, Claimant suffered from an occupational disease, and in that regard, he was entitled to total disability benefits pursuant to Section 301(c)(2) and Section 108(n) of the Act.

Employer once again appealed to the Board. Employer, citing Landis v. W.C.A.B. (Hershey Equipment Co.), 515 Pa. 41, 526 A.2d 778 (1987), argued that the testimony was legally insufficient to support an award of compensation under Section 108(n) and Section 301(c)(2) because Claimant’s medical witnesses did not testify to a greater incidence of disease in Claimant’s occupation as required by Section 108(n). The Board disagreed. The Board concluded that Dr. Wald had testified that Claimant’s occupation subjected him to a sub[368]*368stantially greater risk of aggravating an underlying chronic obstructive lung disease, rather than testifying to a generally greater risk of exposure. As such, the Board affirmed the award of benefits.

On appeal to the Commonwealth Court, Employer again argued that Claimant simply had failed to establish that he suffered from an occupational disease under Section 108(n), and therefore, was not entitled to benefits. The Commonwealth Court agreed that in order to be eligible for compensation under Section 108(n), a claimant must establish that (1) he was exposed to lung disease by reason of his employment, (2) the lung disease is causally related to the occupation and (3) the incidence of lung disease is substantially greater in claimant’s occupation than it is elsewhere. Fruehauf Corp., Independent Metal Division v. W.C.A.B. (Cornell), 31 Pa.Commw. 341, 376 A.2d 277 (1977). After reviewing those factors, the Commonwealth Court agreed with Employer that even though the first two prongs had been established by the testimony, Claimant’s medical testimony was legally insufficient because it failed to establish that the “incidence of his lung disease is substantially greater in his occupation than [is present] in the general population.” Armco, Inc. v. W.C.A.B. (Mattern), 167 Pa.Commw. 273, 280, 647 A.2d 985, 989 (1994). Consequently, the Commonwealth Court determined that Claimant had failed to prove that his disability resulted from an occupational disease as set forth in Section 108(n).

Notwithstanding that determination, the Commonwealth Court affirmed the award' of benefits. Even though Claimant had failed to establish compensability for an occupational disease, the Commonwealth Court held that Claimant was entitled to benefits under Section 301(c)(1) because he had suffered an aggravation of a pre-existing disease, and furthermore, because that aggravation was partly responsible for his total disability.

Initially, it is important to note that this Court has held that Section 301(c)(1) “makes it clear that the job-related aggravation of a disease is a category of ‘injury’ for [workers’] [369]*369compensation purposes.” Pawlosky v. Workmen’s Compensation Appeal Board, 514 Pa. 450, 461, 525 A.2d 1204, 1210 (1987) (footnote omitted). Consequently, the Commonwealth Court correctly held that based upon the referee’s findings of fact, the job-related aggravation of Claimant’s underlying lung condition, in fact, would constitute an injury for purposes of Section 301(c)(1).

Nevertheless, prior to affirming the award of benefits based upon its opinion that Claimant suffered from a Section 301(c)(1) injury, the Commonwealth Court neglected to consider whether Claimant had timely filed his claim petition.

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ARMCO, Inc. v. Workmen's Compensation Appeal Board
667 A.2d 710 (Supreme Court of Pennsylvania, 1995)

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Bluebook (online)
667 A.2d 710, 542 Pa. 364, 1995 Pa. LEXIS 1278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armco-inc-v-workmens-compensation-appeal-board-pa-1995.