Bethlehem Mines Corp. v. Workmen's Compensation Appeal Board

528 A.2d 1078, 108 Pa. Commw. 68, 1987 Pa. Commw. LEXIS 2335
CourtCommonwealth Court of Pennsylvania
DecidedJuly 28, 1987
DocketAppeal, No. 2303 C.D. 1986
StatusPublished
Cited by3 cases

This text of 528 A.2d 1078 (Bethlehem Mines Corp. 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
Bethlehem Mines Corp. v. Workmen's Compensation Appeal Board, 528 A.2d 1078, 108 Pa. Commw. 68, 1987 Pa. Commw. LEXIS 2335 (Pa. Ct. App. 1987).

Opinion

Opinion by

Senior Judge Narick,

This is an appeal by Bethlehem Mines Corporation (Employer) from a decision of the Workmens Compen[70]*70sation Appeal Board (Board) affirming a decision of the referee which awarded benefits to Dorothy E. James (Claimant). We affirm.

Claimant, widow of Dean W. James (Decedent), filed a fatal claim petition on September 29, 1983 alleging that her husbands death was a result of silicosis contracted through his employment with Employer. Decedent had been employed in the coal mines for approximately forty years, the majority of this time with Employer. At the time of his death on July 9, 1983, Decedent was receiving partial disability compensation for silicosis.

Claimant, in support of her position that silicosis contributed to her husbands death, offered the report and testimony of Dr. Bernard P. McQuillan. Decedents death certificate was also admitted into evidence. The death certificate indicated that the immediate cause of death was gastric carcinoma but under Part II of the death certificate, coal workers’ pneumoconiosis was indicated as “Other Significant Conditions: contributing to death but not related to the immediate cause”. Employer, in support of its position, offered the report and testimony of Dr. George W. Strother.

The referee made the following pertinent findings of fact.

9. At the time of his death, the Deceased was partially disabled because of coal workers’ pneumoconiosis, . . .
10. Dr. Bernard P. McQuillan, a treating physician for the Deceased, testified that the Deceased had coal workers’ pneumoconiosis at the time of his death.
11. Dr. McQuillan further testified that although the primary cause of the Deceased’s death was cancer of his stomach, his coal workers’ pneumoconiosis was a major contribuí[71]*71ing cause of his death because he would have lived weeks or months longer if he had not had this coal workers’ pneumoconiosis.
12. Your referee accepts the testimony of Dr. McQuillan over that of Dr. Strother and finds as a fact that the Deceased had coal workers’ pneumoconiosis at the time of his death and finds as a fact that this workers’ compensation occupational disease was a substantial contributing factor in the death of Dean W. James.

The Board affirmed the referee’s findings. Hence, this appeal by Employer.

The sole issue on appeal is whether Claimant satisfied her burden of proving that her husband’s death resulted from an occupational disease as required by Section 301(c)(2) of The Pennsylvania Workmen’s Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 PS. §411(2).

Our scope of review is limited to a determination of whether constitutional rights were violated, 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; Estate of McGovern v. State Employees’ Retirement Board, 512 Pa. 377, 517 A.2d 523 (1986). The standard of recovery for fatal claim benefits under Section 301(c)(2) of the Act, was set forth by our Supreme Court in McCloskey v. Workmen’s Compensation Appeal Board, 501 Pa. 93, 460 A.2d 237 (1983). The McCloskey standard for recovery provides that:

Where there are multiple causes of death and the immediate cause of death was non-compensable, the requirements of Section 301(c)(2) may be met by a showing with unequivocal medical evidence that the deceased suffered from an occupational disease and that it was a substan[72]*72Hal, contributing factor among the secondary causes in bringing about death.1

Id., 501 Pa. at 101, 460 A.2d at 241 (emphasis added).

Thus, we must determine whether the testimony of Dr. McQuillan, relied upon by the referee, constituted unequivocal medical evidence pursuant to the McCloskey standard. Whether unequivocal medical evidence exists to establish causation is a question of law reviewable by this Court. Bureau of Workers’ Compensation v. Uchaker, 93 Pa. Commonwealth Ct. 400, 501 A.2d 703 (1985).2 With regard to application of the McCloskey standard, this Court held in Uchaker that it is not a requirement that a medical expert, in order to establish causation, use the magical words of “substantial contributing factor”; rather, it is sufficient that a medical opinion express with reasonable certainty the standard set forth in McCloskey.

It is necessary in the instant matter to carefully examine the testimony of Dr. McQuillan which was relied upon by the referee. Dr. McQuillan testified in relevant part:

Q: Doctor, in your opinion, what is the cause or the causes of his death?
A: Mr. James died of carcinoma of the stomach, . . .
Q: Were there other causes?
[73]*73A: Yes. I feel that he had two other causes of death; secondary causes, if you will: 1) he had arteriosclerotic heart disease. . . . Secondly, I think that he had pneumoconiosis . . .
Q: Now you wrote a letter to Mr. Tulowitzki on August 8th, ’83 advising him ‘it is my further medical opinion that this man’s pneumoconiosis was a major contributing factor in his terminal illness.’ Why do you say that, Doctor?
A: ... I feel that his cause of death was his carcinoma of the stomach which was metastatic. I think that he had symptoms in the latter portion of his illness, or most certainly on his terminal admission, of chest congestion. He developed ascites. I think that’s three contributing factors to those conditions; the chest congestion, the ascites, the marked weakness, not only his carcinoma but also his lung trouble and heart trouble.
Q: Can you be more specific why you used the word major contributing factor? What were the mechanics of death as far as they related to his lungs?
A: ... First of all, I think he went into some terminal heart failure. I think the heart wasn’t pumping the blood as well as it should; it was backed up in the system; backed up in the lungs to cause congestion. I think the fact that he had underlying pulmonary disease, pneumoconiosis with emphysema, contributed to his demise terminally in the sense he wasn’t able to handle the congestion that he had.
Q: Can you make a prediction of what might have happened had he had good lungs?
A: I think he would have lived a little longer but still died of carcinoma.
[74]*74Q: Would it be legitimate to offer a medical opinion that based upon the extent of his disease it probably would have killed him at or about the same time even if he had no coal workers’ pneumoconiosis?

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Manitowoc Co. v. Workers' Compensation Appeal Board
74 A.3d 1137 (Commonwealth Court of Pennsylvania, 2013)
Reading Anthracite Co. v. Workers' Compensation Appeal Board (Felegi)
789 A.2d 404 (Commonwealth Court of Pennsylvania, 2001)
Bethlehem Mines Corp. v. Workmen's Compensation Appeal Board
557 A.2d 1168 (Commonwealth Court of Pennsylvania, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
528 A.2d 1078, 108 Pa. Commw. 68, 1987 Pa. Commw. LEXIS 2335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bethlehem-mines-corp-v-workmens-compensation-appeal-board-pacommwct-1987.