D. Nagy v. Medplast Engineered Products, Inc. (WCAB)

CourtCommonwealth Court of Pennsylvania
DecidedJuly 10, 2025
Docket391 C.D. 2023
StatusUnpublished

This text of D. Nagy v. Medplast Engineered Products, Inc. (WCAB) (D. Nagy v. Medplast Engineered Products, Inc. (WCAB)) 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
D. Nagy v. Medplast Engineered Products, Inc. (WCAB), (Pa. Ct. App. 2025).

Opinion

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Delia Nagy, : Petitioner : : v. : No. 391 C.D. 2023 : Medplast Engineered Products, Inc. : (Workers’ Compensation Appeal : Board), : Respondent : Submitted: July 5, 2024

BEFORE: HONORABLE MICHAEL H. WOJCIK, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge HONORABLE MATTHEW S. WOLF, Judge

OPINION NOT REPORTED

MEMORANDUM OPINION BY JUDGE WOLF FILED: July 10, 2025

Delia Nagy (Claimant) petitions this Court for review of an April 7, 2023 order of the Workers’ Compensation Appeal Board (Board), which affirmed the decision of Workers’ Compensation Judge (WCJ) Donald Poorman to deny Claimant’s Petition for Workers’ Compensation (Claim Petition). Claimant argues that the Board’s order constitutes legal error because WCJ Poorman rendered contradictory credibility determinations, failed to find an obvious causal connection between Claimant’s work injury and her subsequent disability, did not rely on substantial evidence, and failed to issue a reasoned decision as required by Section 422(a) of the Workers’ Compensation Act (Act).1 Because WCJ Poorman issued a reasoned decision that was supported by competent, substantial evidence of record, we affirm the Board.

I. Background Claimant filed her Claim Petition on February 19, 2021, alleging that she sustained a work-related injury on April 24, 2020, in the nature of shortness of breath, fatigue, muscle aches, nausea, diarrhea, and headache. See Certified Record (C.R.), Item No. 2, Claim Petition. Medplast Engineered Products, Inc. (Employer) filed a timely answer asserting that Claimant’s purported disability was not causally related to any work injury. Id., Item No. 4, Answer. On April 29, 2021, Claimant amended the Claim Petition to include injuries to her chest, back, and arms occurring as a result of workplace exposure to toxic chemicals as well as repetitive lifting. Id., Item No. 17 (Claimant Dep., 4/29/2021), at 6. Employer amended its answer to deny the additional allegations. Id. In support of the Claim Petition, Claimant presented her own fact testimony and the medical testimony of Dr. Ronald Lincow, her treating physician. In its defense, Employer presented the testimony of Dr. Armando Mendez, who performed an orthopedic evaluation of Claimant, and that of Dr. Scott Manaker, who performed an independent medical examination (IME) of Claimant.

1 Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 834. Section 422(a) of the Act requires the WCJ to issue a “reasoned decision containing findings of fact and conclusions of law based upon the evidence as a whole which clearly and concisely states and explains the rationale for the decisions so that all can determine why and how a particular result was reached.” 77 P.S. § 834(a).

2 A. Claimant’s Evidence At an April 29, 2021 deposition, Claimant testified that she began working for Employer, a metals fabricator, in January 2018. Claimant Dep., 4/29/2021, at 7-8. Although Claimant had been smoking cigarettes for more than 30 years at that point, she had never suffered from any pulmonary issues such as asthma, shortness of breath, or chest pain. Id. at 8. Claimant’s only prior experience with back pain occurred in 2012, when she underwent neck fusion surgery following a car accident. Id. at 9. The surgery was an outpatient procedure, and Claimant recalled that she was fully recovered within three weeks. Id. Regarding her work for Employer, Claimant recalled that her most common duties included “tagging” and “coating.” Id. at 12. Tagging consisted of loading dies into a giant pressing machine, called a swager, in order to reshape or reduce pieces of metal. Id. at 13. Coating involved running pieces of titanium or stainless steel repeatedly through a thick, glue-like material in order to coat their surfaces. Id. at 14-15. Claimant recalled that one of the glue-like material’s chief ingredients was acetone, which had a “repugnant” odor that one could smell immediately upon walking into the factory. Id. at 15. Other substances involved in tagging and coating included nitinol, a nickel alloy, and heated machine oil. Id. Claimant also noted that she spent almost all of her shift on her feet and that there was frequent lifting of heavy objects. Id. at 18. After the onset of the COVID-19 pandemic in 2020, Employer designated Claimant and her coworkers as essential personnel who would be permitted to work their normal hours without closure. Id. at 31-32. The employees were instructed to wear face masks at all times beginning on April 17, 2020. Id. at 32. Claimant experienced considerable discomfort and difficulty breathing while wearing the

3 mask for extended periods. Id. at 33. On the morning of April 24, 2020, Claimant took a break after working for approximately two and a half hours on a task that involved substantial lifting. Id. at 35. Upon returning to work, Claimant sensed that she could not breathe and had to brace herself against a table to keep herself from falling over. Id. Claimant’s supervisor led her to the plant cafeteria, gave her two aspirin, and called an ambulance. Id. at 36-37. Claimant experienced the sensation of someone “applying constant pressure to [her] chest while constantly pushing on the middle of [her] back.” Id. at 37. After she was taken to Pottstown Hospital, Claimant was transferred to Phoenixville Hospital, which had a cardiac center, in case her issues were heart-related. C.R., Item No. 18, Claimant Dep., 6/15/2021, at 7. Claimant ultimately spent five days at Phoenixville Hospital, during which she underwent numerous diagnostic tests and was examined by specialists in pulmonology and cardiology. Id. at 8. While hospitalized, Claimant was diagnosed with community-acquired pneumonia, lung nodules, chest pain, and kidney cysts. Id. at 12, 20. Following her discharge from Phoenixville Hospital, Claimant continued to visit several specialists in order to “get to the root cause of [her] shortness of breath, [her] chest pain, [her] upper back pain, [and her] arm pain,” with the ultimate goal of returning to work. Id. at 9. Accordingly, Claimant underwent an abdominal ultrasound, a computed tomography (CT) scan, and a magnetic resonance imaging (MRI) of her chest, and was subsequently diagnosed with an enlarged fatty liver as well as cysts on her kidney, pancreas, and liver. Id. at 11-12. Claimant’s primary care physician thus referred her to a urologist for her renal issues and a pulmonologist for her lung issues. Id. at 13, 18. After one pulmonologist advised Claimant that her lung issues were not causing her shortness of breath, Claimant

4 visited another pulmonologist who opined that Claimant’s condition was psychosomatic. Id. at 13-14. While seeking treatment for her ailments, Claimant had not returned to work since the April 24, 2020 incident. Id. at 16. A note from Phoenixville Hospital advised Employer that Claimant could return to work on May 5, 2020, and did not include restrictions on her work duties. Id. at 8. Claimant was convinced that she could not return fully to her pre-injury duties, but her primary care physician refused to issue a note taking her out of work or imposing restrictions, expressing the fear that doing so could place his medical license in jeopardy. Id. at 26. Thus, Employer’s disability insurer refused to extend Claimant’s disability benefits beyond May 25, 2020. Id. at 15. Since Claimant’s absences after that date were unexcused, Employer terminated her employment days later. Id. at 18. At the time of a hearing before WCJ Poorman on April 27, 2022, Claimant had still not returned to work. C.R. Item No. 16, 4/27/2022 Hr’g Tr. at 15. Meanwhile, Claimant reported that her difficulties with breathing and chest pain persisted. Id. at 16. Claimant noted that the Social Security Administration approved her application for disability benefits in October 2021. Id. at 18.

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D. Nagy v. Medplast Engineered Products, Inc. (WCAB), Counsel Stack Legal Research, https://law.counselstack.com/opinion/d-nagy-v-medplast-engineered-products-inc-wcab-pacommwct-2025.