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

708 A.2d 801, 550 Pa. 658, 1998 Pa. LEXIS 323
CourtSupreme Court of Pennsylvania
DecidedMarch 9, 1998
Docket32 W.D. Appeal Docket 1996
StatusPublished
Cited by31 cases

This text of 708 A.2d 801 (Bethlehem Steel Corp. 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
Bethlehem Steel Corp. v. Workmen's Compensation Appeal Board, 708 A.2d 801, 550 Pa. 658, 1998 Pa. LEXIS 323 (Pa. 1998).

Opinions

OPINION

ZAPPALA, Justice.

The issue presented is whether a claimant is entitled to receive worker’s compensation benefits for a pre-existing non-work related condition when the claimant has fully recovered from any work-related injury caused by an aggravation of that condition. We find that a claimant is not eligible for worker’s compensation benefits under such circumstances.

Joseph Baxter, a 31-year old welder employed by Bethlehem Steel Corporation, suffers from asthma. He was diagnosed with asthma during his childhood. While employed as a welder, Baxter suffered from breathing problems when he was exposed to fumes from paint used on freight cars. Bethlehem Steel paid for Baxter’s period of disability relating to the inhalation of paint fumes, and Baxter’s entitlement to benefits for that period is not an issue in this case. Baxter’s lung functions returned to normal after August 22, 1991; however, Baxter did not return to work based on his physician’s recommendation.

On September 3, 1991, Baxter filed a claim petition seeking total disability benefits. At the hearing on the petition, Baxter’s medical expert testified that Baxter’s lung functions returned to normal after August 1991, but Baxter’s severe allergic asthma unrelated to work would put him at risk for further exacerbation of the asthma if he returned to work. The medical evidence established that Baxter’s work-related injuries had been completely resolved. It was undisputed that Baxter’s exposure to paint fumes had not resulted in any permanent injury to him.

The referee granted Baxter’s claim for total disability benefits beginning February 17, 1991, and continuing into the indefinite future.1 Bethlehem Steel appealed and the Work[660]*660men’s Compensation Appeal Board affirmed. The board held that Baxter was entitled to continuing total disability benefits in spite of the fact that he was able to perform his job because returning to the work environment would result in disability.

On appeal to the Commonwealth Court, Bethlehem Steel argued that Baxter was not entitled to continuing benefits because his condition was not causally linked to any work-related injury, but only to a general prophylactic restriction on returning to an allergen-filled workplace. The Commonwealth Court affirmed the board. Citing our decisions in Farquhar v. Workmen’s Compensation Appeal Board (Corning Glass Works), 515 Pa. 315, 528 A.2d 580 (1987) and Pawlosky v. Workmen’s Compensation Appeal Board (Latrobe Brewing Company), 514 Pa. 450, 525 A.2d 1204 (1987), the court held that when a return to the workplace would exacerbate a preexisting condition and subject the employee to further aggravation of that condition, even though the employee’s preexisting condition is not work-related, the employee is entitled to worker’s compensation benefits.

We granted Bethlehem Steel’s petition for allowance of appeal in order to consider Baxter’s eligibility for benefits where he was unable to return to work because his preexisting condition would be exacerbated if he should return to work.

A claimant is not entitled to receive benefits when he recovers from an injury. “[Ejntitlement to benefits under the Act is contingent upon proof that the claimant suffered an injury or disease in the workplace and the injury or disease affects his or her ability to earn a wage.” Republic Steel Corporation v. Workmen’s Compensation Appeal Board, 537 Pa. 32, 36, 640 A.2d 1266, 1268 (1994) (emphasis supplied).

In Republic Steel, we reiterated the longstanding principle that eligibility for workers’ compensation benefits requires that a claimant prove both the existence of a work-related injury and the loss of earning power. We referred to the seminal case of Unora v. Glen Alden Coal Company, 377 Pa. 7, 12, 104 A.2d 104, 107 (1954), wherein we adopted the [661]*661following language from a treatise on Workmen’s Compensation Law:

[T]he disability concept is a blend of two ingredients, ... the first ingredient is disability in the medical or physical sense, as evidenced by obvious loss of members or by medical testimony that the claimant simply cannot make the necessary muscular movements and exertions; the second ingredient is de facto inability to earn wages, as evidenced by proof that claimant has not in fact earned anything---The proper balancing of the medical and the wage-loss factors, is, then, the essence of the ‘disability’ problem in workmen’s compensation.

The claimant in Republic Steel was permanently disabled as a result of coal worker’s pneumoconiosis developed while employed in the coal industry. Because the claimant had voluntarily retired, the employer asserted that he had suffered no work loss and was not entitled to benefits under the Act. We held that the claimant was ineligible for benefits, stating “where the claimant suffers a disability which has no effect upon his earning power, no entitlement to benefits arises under the Act.” 537 Pa. at 37, 640 A.2d at 1269.

A workers’ compensation claimant’s burden of proof is two-fold to establish eligibility for benefits. The claimant must prove that he was injured in the course of his employment and that the injury resulted in a loss of earning power. The claimant in Republic Steel continued to suffer from work-related pneumoconiosis but was ineligible for benefits because his loss of earning power resulted from his voluntary retirement. Conversely, in this case Baxter has proven a loss of earning power, but no longer suffers from a work-related injury.

The referee accepted the medical opinion of Baxter’s own medical expert that the restrictions placed on Baxter had nothing to do with his actual employment at Bethlehem Steel. The referee specifically found that all of the medical experts had agreed that “the same prophylactic restriction on Claimant’s work in a dusty environment would have been placed on [662]*662the Claimant whether or not he ever worked at Bethlehem Steel Corporation or had the episodes of exacerbation of his pre-existing asthma____” Referee’s Finding of Fact No. 6 (emphasis added). Therefore, Baxter has failed to establish his eligibility for benefits.

Baxter cites no authority of this Court that would permit a claimant who has fully recovered from a work-related injury to receive benefits.2 His reliance upon Farquhar v. Workmen’s Compensation Appeal Board (Corning Glass), 515 Pa. 315, 528 A.2d 580 (1987) (Opinion Announcing the Judgment of the Court), is misplaced. In Farquhar, the claimant was employed by Corning Glass as a screen-maker. Her responsibilities included the manual production of frames and screens used to make decorative designs for Corning Glass products. She developed thrombosis which obstructed the flow of blood to her arm.

The claimant’s medical expert testified that the incidents of thrombosis were caused by her work as a screen-maker.

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

Related

Advance Auto Parts & Sedgwick CMS v. WCAB (Morton)
Commonwealth Court of Pennsylvania, 2020
Bryn Mawr Landscaping Co. v. WCAB (Cruz-Tenorio)
Commonwealth Court of Pennsylvania, 2019
Kurpiewski v. Workers' Comp. Appeal Bd.
202 A.3d 870 (Commonwealth Court of Pennsylvania, 2019)
S.R. Neustein v. WCAB (PNC Financial Services Group, Inc.)
Commonwealth Court of Pennsylvania, 2016
Carmelo v. Mickletz (In re Mickletz)
544 B.R. 804 (E.D. Pennsylvania, 2016)
Little v. Workers' Compensation Appeal Board
113 A.3d 1 (Commonwealth Court of Pennsylvania, 2015)
Pa Liquor Control Board v. Workers' Compensation Appeal Board
108 A.3d 922 (Commonwealth Court of Pennsylvania, 2014)
Cruz v. Workers Compensation Appeal Board
99 A.3d 397 (Supreme Court of Pennsylvania, 2014)
City of Philadelphia v. Workers' Compensation Appeal Board
34 A.3d 871 (Commonwealth Court of Pennsylvania, 2011)
Graphic Packaging, Inc. v. Workers' Compensation Appeal Board
929 A.2d 695 (Commonwealth Court of Pennsylvania, 2007)
Hill v. Workers' Compensation Appeal Board
805 A.2d 509 (Supreme Court of Pennsylvania, 2002)
Wagner v. Workers' Compensation Appeal Board
805 A.2d 683 (Commonwealth Court of Pennsylvania, 2002)
Sharkey v. Workers' Compensation Appeal Board
786 A.2d 1035 (Commonwealth Court of Pennsylvania, 2001)
Locher v. Workers' Compensation Appeal Board
782 A.2d 35 (Commonwealth Court of Pennsylvania, 2001)
McCabe v. Workers' Compensation Appeal Board
738 A.2d 503 (Commonwealth Court of Pennsylvania, 1999)
Kolcharno v. Workers' Compensation Appeal Board
732 A.2d 676 (Commonwealth Court of Pennsylvania, 1999)
Putz v. Workers' Compensation Appeal Board
727 A.2d 1192 (Commonwealth Court of Pennsylvania, 1999)
Meadville Forging Co. v. Workers' Compensation Appeal Board
726 A.2d 1111 (Commonwealth Court of Pennsylvania, 1999)
Giant Eagle, Inc. v. Workers' Compensation Appeal Board
725 A.2d 873 (Commonwealth Court of Pennsylvania, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
708 A.2d 801, 550 Pa. 658, 1998 Pa. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bethlehem-steel-corp-v-workmens-compensation-appeal-board-pa-1998.