Edwards v. Workers' Compensation Appeal Board

770 A.2d 805, 2001 Pa. Commw. LEXIS 188
CourtCommonwealth Court of Pennsylvania
DecidedApril 3, 2001
StatusPublished
Cited by17 cases

This text of 770 A.2d 805 (Edwards v. Workers' 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
Edwards v. Workers' Compensation Appeal Board, 770 A.2d 805, 2001 Pa. Commw. LEXIS 188 (Pa. Ct. App. 2001).

Opinions

MIRARCHI, Senior Judge.

Nelson Edwards (Claimant) appeals from an order of the Workers’ Compensation Appeal Board (Board) that affirmed the decision of the workers’ compensation judge (WCJ) granting his claim petition and then suspending his disability benefits as of the subsequent termination of his employment. We affirm.

Claimant began working for Sear’s Logistic Services (Employer) as a seasonal employee on August 21,1995. On January 26, 1996, Claimant filed a claim petition, alleging that he was disabled due to a work-related lower back injury sustained on November 9,1995. At a hearing before the WCJ, Claimant testified as follows to support his claim petition. While unloading sewing machines from a truck on November 9, 1995, Claimant felt a sharp pain in his back. Despite the pain, Claimant continued to work until November 14, 1995. On November 15, 1995, Claimant called off from work and informed Employer’s manager of his work injury. The manager then called Claimant and asked him to come in to fill out an accident report and see a physician.

On November 16, 1995, Employer took Claimant to the Geisinger Medical Center emergency room. At the hospital, Claimant was examined by a physician and also took a drug screening test, as required by Employer’s policy. Thereafter, Claimant was treated by Douglas R. Morgart, M.D., who is board-certified in emergency medicine. By letter dated November 28, 1995, Employer terminated Claimant’s employment as of November 22,1995 after receiving the result of the November 16, 1995 drug screening test indicating his use of illegal drug. Claimant testified that as of the hearing on March 28, 1996, he was still having problems with his back.

Claimant also presented the deposition testimony of Dr. Morgart. Dr. Morgart’s initial impression after his first examination on November 22,1995 was that Claimant sustained lumbosacral strain on November 9, 1995. Dr. Morgart prescribed pain medicine and released Claimant to light-duty work. Dr. Morgart opined that as of his last examination on February 23, 1996, Claimant still suffered from an acute, severe lumbosacral strain, but could perform sedentary work.

In opposition to the claim petition, Employer presented the testimony of Dr. James J. Heinz, a board-certified orthope-[807]*807die surgeon, who opined that Claimant’s remaining back pain was related to degenerative changes in his lower back and de-conditioning. Employer also presented the testimony of its human resource specialist, Janet Yamus, that Employer had the written policy requiring employees to take a drug screening test prior to their employment and after any work injury requiring medical treatment; Employer explained the policy to all new employees during orientation; the policy is also contained in Employee Handbook received by the employees; under the policy, any employee, who has been employed for less than one year and tested positive for illegal drug use, is immediately discharged; Employer terminated Claimant’s employment for failing the drug screening test after the medical review officer discussed the test result with Claimant on November 22, 1995; and, had Claimant not been discharged, Employer would have offered the sedentary position which was available in the human resources office with the same rate of pay. Claimant stipulated to the authenticity of the drug screening test result, but objected to its admission into evidence arguing that such evidence is irrelevant. The WCJ overruled Claimant’s objection.

Accepting as credible the testimony of Claimant and Dr. Morgart, the WCJ found that Claimant sustained work-related lum-bosacral strain on November 9, 1995 and that he was capable of performing sedentary work. The WCJ then accepted as credible the testimony of Employer’s human resources specialist regarding Employer’s drug screening policy and the availability of the sedentary position which Claimant was capable of performing. The WCJ found that Claimant’s loss of earnings following the termination of his employment was due to his own action and unrelated to the work injury. The WCJ accordingly granted Claimant’s claim petition, suspended his benefits as of the termination of his employment on November 22,1995 and ordered Employer to continue to pay reasonable and necessary medical expenses incurred for Claimant’s work injury. On appeal, the Board affirmed the WCJ’s decision.

It is well established that a claimant has the burden of proving all the elements required for an award of workers’ compensation benefits throughout the pendency of the claim petition, including the duration of work-related disability. Inglis House v. Workmen’s Compensation Appeal Board (Reedy), 535 Pa. 135, 634 A.2d 592 (1993).

Claimant challenges the WCJ’s decision to suspend his benefits, contending that the evidence of his illegal drug use was prejudicial and irrelevant to his entitlement to benefits, and that Employer failed to establish that it actually offered the light-duty position within his medical restrictions.1

To support his contentions, Claimant relies on United Parcel Service v. Workmen’s Compensation Appeal Board (Portanova), 140 Pa.Cmwlth.626, 594 A.2d 829 [808]*808(1991), in which this Court held that the loss of earnings of the claimant, who was discharged because of misconduct committed before he sustained the work injury, should be deemed to have resulted from the work-related disability. In United Parcel Service, the employer did not raise the issue of the claimant’s misconduct until he was discharged six weeks after the claimant sustained the work injury. The majority in that case stated that “allowing an employer to discharge an employee from a light-duty position because of misconduct committed prior to the employee’s work-related injury creates too much potential for abuse.” Id. at 832. The dissent disagreed, stating:

[Tjhere is as much potential for abuse one way as there is the other; for example, an employee, once having suffered a compensable injury, might believe— rightly so under the majority’s view— that he can do whatever he pleases and not be vulnerable to discharge....

Id. at 833.

Subsequent to our decision in United Parcel Service, the courts have consistently held that the only relevant issue in deciding whether the claimant’s benefits must be suspended under Section 413 of the Workers’ Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 772, is whether the claimant’s loss of earnings was no longer the result of the work injury; if the claimant’s loss of earnings is related to a factor other than the work injury, the claimant’s benefits must be suspended. See, e.g., Banic v. Workmen’s Compensation Appeal Board (Trans-Bridge Lines, Inc.), 550 Pa. 276, 705 A.2d 432 (1997) (the claimant’s incarceration following the work injury); Hertz-Penske Truck Leasing Co. v. Workmen’s Compensation Appeal Board (BoWers), 546 Pa. 257, 684 A.2d 547 (1996) (the employer’s action forcing the claimant to resign due to his poor work performance); Smith v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

MM Metals USA, LLC v. L. Warner (WCAB)
Commonwealth Court of Pennsylvania, 2025
O. Brooks v. Brown's Super Stores (WCAB)
Commonwealth Court of Pennsylvania, 2022
Bear Staffing v. S. Logan (WCAB)
Commonwealth Court of Pennsylvania, 2021
William P. Corbett, Inc. v. WCAB (Gauthier)
Commonwealth Court of Pennsylvania, 2017
Torijano v. Workers' Compensation Appeal Board (In a Flash Plumbing)
168 A.3d 424 (Commonwealth Court of Pennsylvania, 2017)
Keller v. Workers' Compensation Appeal Board
106 A.3d 822 (Commonwealth Court of Pennsylvania, 2014)
M. Cantor v. WCAB (CoActiv Cap. Partners)
Commonwealth Court of Pennsylvania, 2014
Brewer v. Workers' Compensation Appeal Board
63 A.3d 843 (Commonwealth Court of Pennsylvania, 2013)
BJ's Wholesale Club v. Workers' Compensation Appeal Board
43 A.3d 559 (Commonwealth Court of Pennsylvania, 2012)
Sauer Ex Rel. Sauer v. Workers' Compensation Appeal Board
26 A.3d 531 (Commonwealth Court of Pennsylvania, 2011)
Harvey v. Workers' Compensation Appeal Board (Monongahela Valley Hospital)
983 A.2d 1254 (Commonwealth Court of Pennsylvania, 2009)
Scott v. Workers' Compensation Appeal Board
957 A.2d 800 (Commonwealth Court of Pennsylvania, 2008)
Erisco Industries, Inc. v. Workers' Compensation Appeal Board
955 A.2d 1065 (Commonwealth Court of Pennsylvania, 2008)
Coyne v. Workers' Compensation Appeal Board
942 A.2d 939 (Commonwealth Court of Pennsylvania, 2008)
O'Brien v. Workers' Compensation Appeal Board
780 A.2d 829 (Commonwealth Court of Pennsylvania, 2001)
Edwards v. Workers' Compensation Appeal Board
770 A.2d 805 (Commonwealth Court of Pennsylvania, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
770 A.2d 805, 2001 Pa. Commw. LEXIS 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-workers-compensation-appeal-board-pacommwct-2001.