Boeing Vertol Co. v. Workmen's Compensation Appeal Board

528 A.2d 1020, 107 Pa. Commw. 388, 1987 Pa. Commw. LEXIS 2294
CourtCommonwealth Court of Pennsylvania
DecidedJuly 15, 1987
DocketAppeal, 1100 C.D. 1986
StatusPublished
Cited by20 cases

This text of 528 A.2d 1020 (Boeing Vertol Co. 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
Boeing Vertol Co. v. Workmen's Compensation Appeal Board, 528 A.2d 1020, 107 Pa. Commw. 388, 1987 Pa. Commw. LEXIS 2294 (Pa. Ct. App. 1987).

Opinions

Opinion by

Judge Craig,

Boeing Vertol Company, as employer, has appealed the Workmens Compensation Appeal Boards affirmance of a referees decision granting total disability benefits to claimant Donald Coles, employed as an engineering writer of technical manuals. The referee found that stressful employment situations and events caused the claimant to suffer a compensable injury in the nature of an aggravation of pre-existing cardiovascular disease.

[390]*390The employers primary contention is that the claimants subjective reaction to normal work conditions was the sole cause of the cardiac injury, and that it therefore should be deemed to be non-compensable. Secondarily, the employer contends that the referee should not have included the cost of medical data copies and referees hearing transcripts as part of the costs and fees awarded to the claimant.

The Causation Issue

This court has recognized that worker compensation cases involving mental or psychological elements fall into three categories:

1. Psychological stimulus causing physical injury;
2. Physical stimulus causing psychic injury; and
3. Psychological stimulus causing psychic injury.

Note, Jones, Gray Areas and Gray Matter: Compensable Psychic Injury under Pennsylvania Workmens Compensation Law, 91 Dick. L. Rev. 583 (1986). This court has struggled particularly with the third category, involving mental and nervous disabilities resulting from work-related stress. See Bell Telephone Co. of Pennsylvania v. Workmen's Compensation Appeal Board (DeMay), 87 Pa. Commonwealth Ct. 558, 487 A.2d 1053 (1985). Recognizing that medicine is not an exact science and confronted with the difficulty of identifying the linkage between intangible stress elements on the job and the similarly intangible nature of psychic injury, this court has been concerned about the adequacy of proof in such cases. “Due to the highly subjective nature of psychiatric injuries, the occurrence of the injury and its cause must be adequately pinpointed.” Thomas v. Workmen's Compensation Appeal Board, 55 Pa. [391]*391Commonwealth Ct. 449, 455, 423 A.2d 784, 787 (1980). In that case, where this court disallowed benefits to a claimant whose mental disability stemmed from his fear that a job site explosion might recur, we held that “evidence of an employees subjective reaction to being at work and being exposed to normal working conditions is . . . [not a compensable] injury under the act.” 55 Pa. Commonwealth Ct. at 456, 423 A.2d at 788.

However, this case clearly does not fall into that third category, the mental-mental cases. This case involves physical cardiovascular injury found to have been caused by psychological stress at the job, a classic example of the first category listed above. The referees pertinent findings were as follows:

7. In his position as an engineering writer, he was assigned to a project to prepare a manual for a helicopter being developed by the defendant for the Royal Air Force.
8. Testimony by the claimant and by Mr. Farris and Mr. Ortlief of Boeing Vertol showed that the RAF project claimant was assigned to was already behind schedule as of the time claimant was assigned to the project.
9. Claimant has testified to at least one dozen incidents at work involving discussions, meetings, deadlines, and arguments occurring at work with his senior lead men and supervisors resulting in claimant feeling dizzy, headachy and ill and in some occasions leaving work early. The Referee accepts such testimony as credible.
10. The testimony of the defendant presented on the incidents at work described by Claimant, did not contradict claimants testimony, but in feet corroborated claimant’s version of what occurred.
11. The claimant presented the testimony of Dr. Donald Heiman, board certified in inter[392]*392nal medicine. Dr. Heiman testified that as a result of the incidents that occurred at work involving his supervisors, claimant suffered a significant aggravation of a pre-existing hypertensive cardiovascular disease that resulted in claimant not being able to return to his employment at Boeing Vertol and further that claimant was disabled from performing any work where he would be subject to anxiety, apprehension or emotional tension. The Referee accepts the testimony of Dr. Heiman as competent and credible.
12. The Referee notes that the defendants medical witness, Dr. Norman Makous, in his testimony stated that claimants complaints of headache, dizziness and shortness of breath, that these symptoms may have been related to claimants work environment and if claimant perceived events at work as stressful, then the symptoms may have been produced by work at Boeing Vertol.
14. The Referee finds as a feet that claimant sustained a compensable injury while at work for defendant, Boeing Vertol. The injury was in the nature of an aggravation of pre-existing hypertension and cardiovascular disease caused by the stress to claimant by the problems he incurred at work.

Of course, this court cannot negate those findings if they are supported by substantial evidence,1 and the record here provides that support.

[393]*393The employer seeks to attack the causation link by urging that we apply the proof principles of the mental-mental category to this mental-physical case, in which there is no dispute concerning the fact of injury to physical organs. Then, proceeding upon that basis, the employer further urges that we characterize the stressful events and situations described in the claimant’s testimony as simply the claimant’s subjective—i.e., imagined—version of events and situations which, according to other testimony deemed favorable by the employer, were not in fact stressful.

In actuality, however, the employer’s analysis is a skillful attempt to escape the referee’s power to make credibility determinations; the employer’s argument assumes the verity of the employer’s testimony in order to eliminate the claimant’s testimony from consideration on the theory that it is just a reflection of his subjective reaction. But, in heart attack cases as well as in other cases, the referee is the finder of fact, Krawchuk v. Philadelphia Electric Co., 497 Pa. 115, 439 A.2d 627 (1981), and, as always, has the responsibility and power to determine which of various conflicting accounts are to be believed. Bell Telephone Co. of Pennsylvania v. Workmen's Compensation Appeal Board (Gussey), 91 Pa. Commonwealth Ct. 112, 116, 496 A.2d 1277, 1279 (1985).

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Boeing Vertol Co. v. Workmen's Compensation Appeal Board
528 A.2d 1020 (Commonwealth Court of Pennsylvania, 1987)

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Bluebook (online)
528 A.2d 1020, 107 Pa. Commw. 388, 1987 Pa. Commw. LEXIS 2294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boeing-vertol-co-v-workmens-compensation-appeal-board-pacommwct-1987.