City of Hazleton v. Commonwealth

386 A.2d 1067, 35 Pa. Commw. 477, 1978 Pa. Commw. LEXIS 1061
CourtCommonwealth Court of Pennsylvania
DecidedMay 24, 1978
DocketAppeal, No. 2072 C.D. 1976
StatusPublished
Cited by26 cases

This text of 386 A.2d 1067 (City of Hazleton v. Commonwealth) 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
City of Hazleton v. Commonwealth, 386 A.2d 1067, 35 Pa. Commw. 477, 1978 Pa. Commw. LEXIS 1061 (Pa. Ct. App. 1978).

Opinion

Opinion by

Judge Crumlish, Jr,,

The City of Hazleton (City) has appealed the decision of the Workmen’s Compensation Appeal Board (Board) which affirmed a referee’s award of benefits to Anthony M. DeCnsatis (Claimant) under the provisions of The Pennsylvania Workmen’s Compensation Act, Act of June 2,1915, P.L. 736, as amended, 77 P.S. §1 et seq.

Claimant was employed by the City as a fireman for over 21 years and served as its Fire Chief during the 14 months of his employment preceding his resignation, which became effective January 31, 1974. On April 8, 1974, he filed a claim petition under The Pennsylvania Occupational Disease Act, Act of June 21, 1939, P.L. 566, as amended, 77 P.S. §1201 et seq., alleging that he had been totally disabled by emphysema, an occupational disease compensable under Section 108(o) of that Act, 77 P.S. §1208(o).1 Following [480]*480a hearing at which testimony was given by Claimant, two of his fellow firemen, a physician for Claimant, and a physician for the City, the referee rendered his decision awarding benefits under the Workmen’s Compensation Act. The referee found that on February 1, 1974, Claimant, after four or more years of service in fire fighting for the benefit or safety of the public, had become totally disabled by heart and lung disease caused by heat, smoke, fumes and gases, and by his stressful experiences as a firefighter, and that his exposure to smoke, fumes, and gases after June 30, 1973, had contributed to his disease and disability.

The City appealed to the Board on the grounds that the evidence did not support the findings, that the post-June 1, 1973 exposure was insignificant, and that Claimant’s medical evidence was incompetent. The Board amended the date of disability from February 1, 1974 to March 25, 1974, the date Claimant’s doctor found him totally disabled, but otherwise affirmed the award. In the course of its opinion, the Board stated that the award of benefits had been made under Section 108(o) of the Workmen’s Compensation Act, 77 P.S. §27.1 (o).2 When the City appealed the case to us on the same grounds raised before the Board, we refused to consider the merits because we held that [481]*481the Board had erred as a matter of law in awarding benefits under the Workmen’s Compensation Act when the claim petition had been filed under the Occupational Disease Act. Workmen’s Compensation Appeal Board v. City of Hazleton, 21 Pa. Commonwealth Ct. 522, 347 A.2d 332 (1975). We said that, while Section 444 of the Workmen’s Compensation Act, 77 P.S. §1000, provides that a claim may be brought under either statute or under both in the alternative, the choice is the Claimant’s and “neither a referee nor the Board may unilaterally change a claim under one statute to a claim under the other. A claimant would, of course, be permitted to amend his own claim petition.” We then remanded to the Board “for a proper determination under the Occupational Disease Act” and ordered “that this matter be remanded to the Workmen’s Compensation Appeal Board for processing in a manner not inconsistent with” our opinion. On remand, the Board remanded the case to the referee to allow Claimant to amend the claim petition from one under the Occupational Disease Act to one under the Workmen’s Compensation Act, which Claimant, over defendant’s objection, did at a second refferee’s hearing on April 15, 1976. The referee awarded benefits in accordance with his original opinion. The Board affirmed and the City came to us.

The City makes the following contentions:

(1) the Board’s action remanding the case to the referee was inconsistent with our Order;

(2) the referee and Board erred in allowing the amendment of the claim petition since the statute of limitation in force at the time Claimant became disabled (March 25, 1974) had run before the amendment;

(3) the referee and Board incorrectly applied the Act’s presumption with respect to the employment-related nature of certain occupational diseases;

[482]*482(4) the referee erred in failing to state his reason for accepting Claimant’s physician’s opinion and rejecting that of the City’s doctor; and

(5) there was no substantial evidence to support a finding of causal relationship between the post-June 30, 1973 exposure and the disability.

We find all of these contentions meritless and affirm.

First, the Board’s action in remanding the case to the referee was not violative of the directives in our earlier opinion. Though we stated that the case had to be remanded “for a proper determination under the Occupational Disease Act,” we also recognized Claimant’s right to amend his petition. Thus, not only was the remand to the referee not contrary to our opinion, it was an action which allowed Claimant to accomplish an objective, the propriety of which we had already specifically endorsed.

Nor was the amendment barred by the Workmen’s Compensation Act’s statute of limitations, Section 315 of the Act, 77 P.S. §602. It is well settled that the Workmen’s Compensation Act’s statute of limitation is procedural in nature and does not affect a claimant’s substantive right to benefits, and that therefore amendments to the statute operate retroactively. Seneca v. Yale & Towne Mfg. Co., 142 Pa. Superior Ct. 470, 16 A.2d 754 (1941). Thus, where a claimant filed after the statutory deadline in effect at the date of injury, but the statute is amended effective before the expiration of the original deadline so as to extend the time for filing, and the filing is timely under the amended statute, the claim is governed by the amended statute, and the claimant thus benefits from the extension of time. Bakaisa v. Pittsburgh & West Virginia Railroad Co., 149 Pa. Superior Ct. 203, 27 A.2d 769 (1942); Seneca v. Yale & Towne Mfg. Co., supra; Matkosky v. Midvale Co., 143 Pa. Superior Ct. 197, 18 [483]*483A.2d 102 (1941). Here, under the limitation in effect on the date of disability (March 25, 1974), Claimant would have had until March 25, 1976 to file a claim. However, the time limit was extended to three years by the Act of December 5, 1974, P.L. 782, which became effective February 3, 1975, well before the expiration of the original two-year period. Claimant thus benefitted from the amendment and had until March 25, 1977, to file. Hence, his amendment of his claim on April 15, 1976, if treated as an original claim for purposes of the statute of limitations, was timely.3

The City’s last three contentions address the merits of the claim and, basically, resolve themselves into a challenge to the sufficiency of the evidence to support the referee’s findings of disability resulting from an occupational disease and of exposure to the hazard of the disease after June 30, 1973.

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Bluebook (online)
386 A.2d 1067, 35 Pa. Commw. 477, 1978 Pa. Commw. LEXIS 1061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-hazleton-v-commonwealth-pacommwct-1978.