Carnegie Mellon University v. Workmen's Compensation Appeal Board

645 A.2d 389, 165 Pa. Commw. 392, 1994 Pa. Commw. LEXIS 336
CourtCommonwealth Court of Pennsylvania
DecidedJune 28, 1994
Docket417 C.D. 1993
StatusPublished
Cited by8 cases

This text of 645 A.2d 389 (Carnegie Mellon University 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
Carnegie Mellon University v. Workmen's Compensation Appeal Board, 645 A.2d 389, 165 Pa. Commw. 392, 1994 Pa. Commw. LEXIS 336 (Pa. Ct. App. 1994).

Opinion

DELLA PORTA, Senior Judge.

Carnegie Mellon University and Niagara Fire Insurance Company (collectively, Employer) appeal from the order of the Workmen’s Compensation Appeal Board (Board) which affirmed the referee’s decision granting a petition for review filed by Daniel Lenz (Claimant) and denying a petition for suspension or modification filed by Employer. The issues raised on appeal are (1) whether the referee applied the correct burden of proof for establishing the causal relationship between Claimant’s alleged psychiatric disability and his back injury; (2) whether the referee’s finding of the causation is supported by substantial evidence; and, (3) whether the referee’s finding that Employer failed to offer available light-duty *396 work within Claimant’s medical limitations is supported by substantial evidence.

I.

Claimant was employed by Employer as an air-conditioning mechanic when on April 26, 1989, he sustained a back injury, while pulling a dolly containing an air-conditioning unit. After the injury, Claimant received total disability benefits pursuant to a notice of compensation payable until he returned to sedentary light-duty office work on April 18, 1990 as a physical plant service coordinator. This position was within the physical restrictions imposed by Claimant’s treating physician, Milton J. Klein, M.D., board-certified in physical medicine and rehabilitation. Subsequently, on August 15, 1990, Dr. Klein removed Claimant from work because of Claimant’s complaints of neck pain and increased back pain. Claimant missed 36.5 days while working on this light-duty position.

On August 16, 1990, Claimant filed a petition for review, alleging that his disability benefits were improperly computed. Thereafter, on September 12, 1990, Employer offered Claimant another light-duty position of a scheduling board assistant/clerk, and informed him that this position complied with the new stricter physical limitations imposed by Dr. Klein on August 20, 1990. In a letter dated September 15, 1990, Claimant refused to accept Employer’s offer of the position, stating that he would not accept another “phony” job; he was harassed and discriminated against by Employer while working on the first light-duty job; his request for retraining or settling the case had been denied; and returning to another created position “may prove a tragedy for all people concerned.”

On September 21, 1990, Employer filed a petition for suspension or modification of Claimant’s benefits as of September 18, 1990 on the basis that Claimant refused to accept the available light-duty job within his medical restrictions. On October 3, 1990, Claimant’s counsel notified Employer that Claimant was under the care of Dr. Anthony J. McGroarty, a *397 psychologist, and was being referred to a psychiatrist. On October 8, 1990, Employer terminated Claimant’s employment for reasons of abandonment of his employment and insubordination. Both petitions were consolidated by the referee.

Claimant presented the deposition testimony of Dr. Klein who stated that Claimant was disabled due to his back injury on the days he was unable to work on the light-duty job; as of January 16, 1991, Claimant’s back condition had not changed and was unlikely to improve, and he was unable to perform his pre-injury work; and, the job duties of the second alternative work offered by Employer on September 12, 1990 did appear to fit within the stricter physical restrictions imposed by him.

To support his psychiatric injury claim, Claimant presented the deposition testimony of Dr. McGroarty who first saw Claimant on August 3, 1990 on a referral by Dr. Klein for treatment of depression. Dr. McGroarty’s diagnosis of Claimant’s condition was adjustment disorder with mixed emotional features and paranoid personality disorder. He opined that the major cause of Claimant’s psychological problems was his anger, depression and perception that Employer and its insurance carrier were not cooperating with him in his effort to find an alternative career which would enhance his self-esteem, and that the back pain contributed to his condition to some extent. He also stated that Claimant was not temperamentally well suited to work in an office setting.

Employer presented the deposition testimony of Jules Kann, M.D., a clinical psychologist. Dr. Kann testified that Claimant is an extremely angry person with a psychopathic type personality with a pronounced paranoid manipulative flavor to it. He opined that Claimant’s psychological problems were not the result of any specific events, and rather, he had been reacting the same way all his life as in this matter.

Finding the testimony of Claimant and Drs. Klein and McGroarty credible, the referee concluded that Claimant was totally disabled due to the work-related back injury when he missed work on the light-duty job between April 18, 1990 and August 15,1990; Claimant’s psychological condition is causally *398 related to the back injury and rendered him unfit for the scheduling board assistant/clerk position offered by Employer; and Employer thus failed to establish available employment within Claimant’s medical limitations. The referee accordingly reinstated Claimant’s total disability benefits for the 36.5 days he missed on the physical plant service coordinator position and thereafter continuing into the future. The Board affirmed the referee’s decision. 1

On appeal, Employer does not challenge the referee’s decision reinstating the total disability benefits for the period prior to Claimant’s refusal to accept its offer of the scheduling board assistant/clerk position on September 18, 1990. Employer’s Brief, p. 7. Employer contends, however, that the benefits should be suspended as of September 18, 1990 (1) because Claimant failed to establish the causal relationship between his back injury and psychiatric disability which allegedly prevented him from returning to the scheduling board assistant/clerk position, and (2) because it is undisputed that the duties of that position were within Claimant’s physical restrictions.

II.

To reinstate the benefits which had been suspended when he returned to the light-duty job, Claimant had to prove that: (1) through no fault of his own, his earning power was once again adversely affected by his disability and (2) the disability which gave rise to his original claim, in fact, continued. Pieper v. Ametek-Thermox Instruments Division, 526 Pa. 25, 584 A.2d 301 (1990). The causal connection between the original work-related injury and the disability which gave rise to suspended compensation is presumed. Id. However, the claimant must prove by a preponderance of the evidence that his claim for reinstatement of the benefits is based upon *399 the same disability for which he initially received benefits. Id. Claimant initially received the total disability benefits for his back injury. Only after filing the petition for review seeking reinstatement of benefits, Claimant first indicated that he suffered a work-related psychiatric injury.

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Bluebook (online)
645 A.2d 389, 165 Pa. Commw. 392, 1994 Pa. Commw. LEXIS 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carnegie-mellon-university-v-workmens-compensation-appeal-board-pacommwct-1994.