Cardyn v. Workmen's Compensation Appeal Board

534 A.2d 1389, 517 Pa. 98, 1987 Pa. LEXIS 868
CourtSupreme Court of Pennsylvania
DecidedDecember 31, 1987
Docket3 W.D. Appeal Docket 1987
StatusPublished
Cited by34 cases

This text of 534 A.2d 1389 (Cardyn 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
Cardyn v. Workmen's Compensation Appeal Board, 534 A.2d 1389, 517 Pa. 98, 1987 Pa. LEXIS 868 (Pa. 1987).

Opinion

OPINION

McDERMOTT, Justice.

This is an appeal from the Commonwealth Court’s reinstatement of a referee’s decision awarding workmen’s compensation benefits to appellee, Thomas C. Cardyn. This award had been reversed by the Workmen’s Compensation *100 Appeal Board on the ground that appellee had not met his burden of proof in establishing a causal connection between a work-related injury and the disability.

The germane facts of this case are as follows. Appellee was employed as an apprentice machinist by Heppenstall Company, a Pittsburgh based steel manufacturer. On March 15, 1974, while attempting to loosen a tightly fastened machine bolt, appellee lost his footing, fell on the machine’s steel platform and struck his right knee. Appellee was taken to a local hospital for x-rays and released that same day. After the intervening weekend appellee attempted to resume work, but was forced to abandon the job because of pain to his knee. The following day appellee was seen by a physician and given a cortisone injection to relieve the pain. At the time of this treatment the diagnosis was arthritis.

Approximately four months later, on July 26, 1974, appellee underwent a surgical procedure commonly known as a “total knee.” With this procedure the knee joint is totally removed and replaced with an artificial prosthesis. Unfortunately, appellee’s leg became infected as a result of the surgery, which caused more problems for appellee. Ultimately, the knee joint was fused which severely limited appellee’s ability and rendered him totally disabled.

On May 27, 1975, appellee filed a claim for workmen’s compensation benefits. Hearings were conducted between 1976 and 1979, during which appellee offered medical testimony purporting to show the extent of his disability and the cause.

The referee accepted this evidence as sufficient and awarded benefits. However, the Board reversed the referee on the basis that appellee’s evidence did not unequivocally establish a causal connection between the fall at work and the resultant disability. On appeal the Commonwealth Court reversed the Board and reinstated the referee’s award. 1 Upon petition we granted allowance of appeal.

*101 This case concerns a claimant’s burden of proof in proving causation between a work-related injury and a disability. There are in reality two issues presented. The first is whether the disability suffered by appellee is of a kind which requires expert medical evidence to prove causation. The second is whether the evidence presented by appellee was unequivocal as to the issue of causation.

The general principles of law in this area of workmen's compensation are well settled. At the outset, in a workmen's compensation case the claimant has the burden of establishing the right to compensation and all of the elements necessary to support an award. Halaski v. Hilton Hotel, 487 Pa. 313, 409 A.2d 367 (1979). This includes establishing a causal relationship between a work-related incident and an alleged disability. Florig v. Sears, Roebuck & Co., 388 Pa. 419, 130 A.2d 445 (1957); Monahan v. Seeds & Durham, 336 Pa. 67, 6 A.2d 889 (1939).

The Commonwealth Court in this case held that appellee's injury was such that the causal connection was obvious. Thus they held that under Morgan v. Giant Markets, 483 Pa. 421, 397 A.2d 415 (1979), medical evidence of causation was not necessary.

In Morgan, this Court held that "[w]here one is doing an act that requires force or strain and pain is experienced at the point of force or strain, the injury may be found to have been established." Id., 483 Pa. at 424, 397 A.2d at 416. The facts in Morgan were that the claimant experienced severe back pain while unloading a truck. The issue was whether the claimant's description of pain was enough to establish an "injury." Significantly, the Court was not faced with the question of whether that injury was disabling. This distinction is critical to an understanding of the proper application of Morgan. For instance, in the context of this case appellee fell at work and struck his knee. At that time he experienced pain, and he was injured. The question, however, is not merely whether claimant was injured, but whether that injury caused him to be disabled; and where the causal connection between the injury and the *102 disability is not obvious, more is required than a claimant's subjective testimony.

There is a difference between an injury and its consequences, and tracing those consequences is often beyond the skill and experience of laymen since the answers can lay in complicated etiologies known only to experts. For example, if a man falls at work and cuts his arm he will not normally need medical testimony to prove that he was injured at work. But if a man claims that the injury to his arm rendered his hand worthless then medical testimony will generally be required to support such a claim since the relationship of the arm muscles to the function of the hand is not a subject about which lay witnesses can normally testify with expertise. To obviate the need for expert diagnosis regarding the consequence of an injury would be to make every man his own physician, a privilege that wise men do not exercise. Certainly no system can support the cost of what many men suppose or believe is a consequence of their injury. Neither should those suffering consequences be deprived upon inexpert lay beliefs.

In the present case Mr. Cardyn’s claim went far beyond a mere claim that he was injured at work. He claimed that the injury was of such a degree that it required the surgery which ultimately led to his fused knee, thereby constituting a disability. The connection between Mr. Cardyn’s injury and his ultimate claim was certainly not obvious, especially in light of the extensive medical history concerning the subject knee. That medical history is summarized below.

Approximately fifteen years prior to his fall appellee first experienced problems with his knees. In 1958, Herbert R. Tauberg, M.D., an orthopedic surgeon, began treating appellee for an injury he sustained to his right knee. 2 Over the years it was not uncommon for appellee to complain of pain in his knees. The pain reached such a degree that in September, 1970 Dr. Tauberg performed a patellectomy to *103 remove appellee’s right knee cap. At the time of this particular surgical procedure there was evidence of a moderate amount of deterioration in the knee attendant to the natural degenerative aging process.

Beginning in 1971, and up through 1973, Dr.

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Bluebook (online)
534 A.2d 1389, 517 Pa. 98, 1987 Pa. LEXIS 868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cardyn-v-workmens-compensation-appeal-board-pa-1987.