Berardelli v. Workmen's Compensation Appeal Board

578 A.2d 1016, 134 Pa. Commw. 450, 1990 Pa. Commw. LEXIS 467
CourtCommonwealth Court of Pennsylvania
DecidedAugust 17, 1990
StatusPublished
Cited by51 cases

This text of 578 A.2d 1016 (Berardelli v. Workmen's Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Berardelli v. Workmen's Compensation Appeal Board, 578 A.2d 1016, 134 Pa. Commw. 450, 1990 Pa. Commw. LEXIS 467 (Pa. Ct. App. 1990).

Opinion

SILVESTRI, Senior Judge.

Shirley A. Berardelli (Claimant) presents a petition for review of an order of the Workmen’s Compensation Appeal Board (Board) which reversed the referee’s decision awarding disability benefits. We affirm.

Claimant has been employed as a file clerk with the State Workmen’s Insurance Fund (Fund) in Scranton, Pennsylvania, since November 1979. Her duties include typing, filing forms, and conducting claimant investigations through mail and telephone correspondence.

Sometime in 1986, Claimant, as well as the entire Fund office, began experiencing a gradual increase in work load. About the same time, Claimant became prone to spontaneous crying outbursts and attacks of anxiety. By 1987, Claimant had developed a new set of psychological symptoms, different from her pre-existing recurrent mental condition, which had lasted nearly fourteen (14) years.

Claimant continued to work for the Fund until April 4, 1987 when her continuing psychiatric treatment under Dr. Cyril M. J. Puhalla, M.D. intensified, leading to her hospitalization on April 30, 1987. On September 16, 1987, Claimant filed a claim petition under the provisions of The Pennsylvania Workmen’s Compensation Act 1 (Act) alleging not an aggravation or a recurrence but the causation of a new injury, and describing its nature as severe stress/severe anxiety. Claimant contends her injury occurred as a result of the “tremendous” increase in her work load. Claimant returned to work for the Fund on October 2, 1987 and seeks benefits from April 16, 1987 until October 1, 1987.

The Fund filed a timely answer denying the allegations in Claimant’s claim petition. The referee found, in his decision of September 16, 1988, that “as a result of the increased work load, pressures and stresses of her job and delays *454 caused by the backlog, which were not the normal work environment, [Claimant suffered a traumatic stress disorder causally related to her work” and granted benefits.

On September 28, 1988, the Fund filed a timely appeal with the Board. The Board reversed the referee on the following grounds: Claimant failed to prove that the events leading to her condition were (1) “actual,” rather than a matter of her perception, and (2) “abnormal” enough not to render her injury a subjective reaction to normal work conditions. Claimant filed this timely petition for review from the Board’s decision.

This Court has found that mental illness can be a compensable injury under the Act if it (1) arises in the course of employment and (2) is related thereto. Kitchen v. Workmen’s Compensation Appeal Board (Mesta Machine Company), 73 Pa.Commonwealth Ct. 289, 293, 458 A.2d 631, 633 (1983). In such cases, the claimant has the burden of establishing his right to compensation under the Act by proving the necessary elements. Werner v. Workmen’s Compensation Appeal Board (Bernardi Bros., Inc.), 102 Pa.Commonwealth Ct. 463, 518 A.2d 892 (1986).

Due to the highly subjective nature of psychiatric injuries, the claimant, to meet his burden of proof, must adequately pinpoint both the occurrence of the injury and its cause. Thomas v. Workmen’s Compensation Appeal Board, 55 Pa.Commonwealth Ct. 449, 423 A.2d 784 (1980). When the causal relationship between a claimant’s work and his injury is not obvious, as here, this court has held that unequivocal medical testimony is necessary to establish such a relationship. Philadelphia College of Osteopathic Medicine v. Workmen’s Compensation Appeal Board (Lucas), 77 Pa.Commonwealth Ct. 202, 465 A.2d 132 (1983). In the instant case, it is undisputed that Claimant did suffer a disabling psychiatric injury. Furthermore, Dr. Puhalla testified “with more than a reasonable medical psychiatric certainty [that] it [the injury] was related and caused by a persistent, severe and excessive work load,” and that he *455 “felt that this work load was the direct and primary cause of this new illness.” The referee found this testimony to be unequivocal, and the Board did not disturb that conclusion.

Although Claimant has met her burden of proof regarding the existence of the injury and its work-related causation, the Board found she failed to meet the final two tests derived from the law in these cases. Those tests can be succinctly described as the tests of (1) actuality and (2) abnormality. Both of these tests relate to the nature of work events alleged to have caused the injury and both must be met by Claimant before she may be compensated.

The law under the Act is clear that a claimant must prove the existence of actual, and not merely perceived or imagined, work events which caused the injury in order to receive compensation. Hirschberg v. Workmen’s Compensation Appeal Board (Department of Transportation), 81 Pa.Commonwealth Ct. 579, 474 A.2d 82 (1984). It is events actually and objectively occurring within the work environment, and not subjectively occurring according to a claimant’s perceptions, that must cause the injury, otherwise it is not truly related to the course of employment, as required by the Act.

In the instant case, Claimant attempted to prove the objective existence of two actual work events which caused her injury: (1) pressure to perform and (2) increased work load.

Our scope of review is limited, as was the Board’s, to a determination of whether a violation of constitutional rights occurred, an error of law was committed, or whether necessary findings of fact are supported by substantial evidence. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704; Mackintosh Hemphill v. Workmen’s Compensation Appeal Board (Banicki), 116 Pa. Commonwealth Ct. 401, 541 A.2d 1176 (1988). Substantial evidence is such relevant evidence which a reasonable mind might accept as adequate to support a finding. Evans v. Workmen’s Com *456 pensation Appeal Board (Anchor Hocking Corporation), 87 Pa.Commonwealth Ct. 436, 487 A.2d 477 (1985).

The referee found that an increase in pressure to perform was an actual, and not imagined or perceived, work event which helped cause Claimant’s injury. However, we agree with the Board that this finding is not supported in the record by substantial objective evidence.

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Bluebook (online)
578 A.2d 1016, 134 Pa. Commw. 450, 1990 Pa. Commw. LEXIS 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berardelli-v-workmens-compensation-appeal-board-pacommwct-1990.