Erie Bolt Corp. v. Workers' Compensation Appeal Board

777 A.2d 1169
CourtCommonwealth Court of Pennsylvania
DecidedMay 30, 2001
StatusPublished
Cited by6 cases

This text of 777 A.2d 1169 (Erie Bolt Corp. 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
Erie Bolt Corp. v. Workers' Compensation Appeal Board, 777 A.2d 1169 (Pa. Ct. App. 2001).

Opinion

KELLEY, Judge.

Erie Bolt Corporation (employer) appeals from an order of the Workers’ Compensation Appeal Board which affirmed a decision of the workers’ compensation judge (WCJ) granting a fatal claim petition filed by Patricia Elderkin (claimant). We affirm.

On or about December 10, 1992, claimant filed a fatal claim petition alleging that her husband, Perry W. Elderkin (decedent) suffered a fatal heart attack on March 2, 1990 following his discharge from employment with employer. Claimant alleged further that job-related stress caused decedent’s heart attack. Employer filed a timely answer. Hearings before a WCJ ensued. 1

In support of the fatal claim petition, claimant testified and presented the deposition testimony of: (1) Norman Strandwitz, employer’s Vice President of Marketing; (2) H.E. Brown, employer’s President; (3) John Eckberg, M.D.; and (4) Nancy L. Mramor, Ph.D.

Mr. Strandwitz testified regarding decedent’s employment with employer. Mr. Strandwitz testified that the decedent was promoted to engineering and remained in that position until approximately one year before his death. Mr. Strandwitz testified that there was a change in management and that management was convinced that the decedent was not the right person for the engineering job. Therefore, according to Mr. Strandwitz, a computer position was created for the decedent because he had aptitude in that area and management felt obliged to make accommodations for the decedent, because his father was one of the principal stockholders in the company.

Mr. Strandwitz testified further that he had complained about the quality of decedent’s work but that he had never attempted to have the decedent fired. In addition, Mr. Strandwitz testified that the decedent was very difficult to deal with and had a difficult time adjusting his priorities in response to the needs of the sales department. Mr. Strandwitz testified that he was not present at the March 2, 1990 meeting at which the decedent was fired but that he knew the meeting was scheduled. The WCJ found the testimony of Mr. Strandwitz credible.

Mr. Brown also testified regarding decedent’s employment with employer. Mr. Brown testified that he spoke with the decedent about trying to cooperate more with co-workers and that the decedent was making an effort in that direction. Nevertheless, Mr. Brown testified that approximately two months before action was taken, it was determined that the decedent would have to be terminated from his employment. Mr. Brown testified that steps were taken to obtain other employment for the decedent with another employer but that the decedent indicated that he was not interested. Mr. Brown testified that he did not advise the decedent that he would be terminated if the decedent did not take the other job, but that he did advise the decedent that there was a chance that the decedent’s job may be eliminated.

*1171 Mr. Brown testified further that he met with the decedent on March 2, 1990 and advised the decedent that he was terminated. Mr. Brown testified that the decedent made no verbal response to the news of his termination. The WCJ found credible and accepted as fact, Mr. Brown’s description regarding the decedent’s shortcomings in the performance of his duties both in engineering and in the computer position, as well as the extensive accommodations that management attempted to make for the decedent.

Dr. Eckberg testified that the repeated stress and tension that the decedent was under and, in particular, the sudden shock at the time that he was told his job was terminated, was a substantial contributing factor in the development of the decedent’s fatal heart attack. Dr. Mramor, a psychologist, testified regarding the decedent’s personality and behavioral characteristics and the impact that these would have upon the decedent’s reaction to his termination. Employer’s objection to Dr. Mramor’ s testimony as having absolutely no basis or foundation was overruled by the WCJ.

In opposition to the fatal claim petition, employer presented the deposition testimony of Cyril H. Wecht, M.D. Dr. Wecht testified that the decedent’s work history did not have a causal relationship with the decedent’s fatal heart attack. Dr. Wecht opined that the decedent’s termination from employment was not an abrupt, precipitous and unanticipated dismissal or done in a fashion which caught the decedent by surprise. Therefore, Dr. Wecht testified that the termination was not of such a substantial degree of stress that it would have precipitated a heart attack in and of itself.

Dr. Wecht testified that he believed that stress can be a substantial contributing factor in a heart attack, but that an episode must be able to be identified as a significant source of acute stress in order to be causally related as a factor in a heart attack. Dr. Wecht testified that he did not believe that the circumstances of the decedent’s termination were manifested by a hostile environment or an ugly scene and that, therefore, the stress of the termination was insufficient to amount to a significant contributing factor in the decedent’s fatal heart attack.

Based on the testimony presented, the WCJ found as follows:

12. It is found as a fact that the [decedent] suffered his fatal heart attack within approximately one hour of being advised of his dismissal from employment. This finding is based upon the fact that the meeting with the decedent was held at approximately 4:30 in the afternoon and that [decedent] was admitted to the hospital at 5:45 p.m.
14. It is found as a fact that the circumstances of the [decedent’s] dismissal from employment constituted a sufficient stressor to have contributed significantly to the onset of [decedent’s] fatal heart attack. In reaching this finding, I have found that the testimony of Mr. Strandwitz and Mr. Brown is credible and that the opinions of Dr. Eckberg and Dr. Mramor are credible and persuasive. It is noted in addition, that the bulk of Dr. Wecht’s testimony was entirely credible and believable. The only aspect of Dr. Wecht’s testimony that I find to be less credible that the testimony of Dr. Eckberg and Dr. Mramor is that portion of his testimony where Dr. Wecht felt that the decedent had insufficient stress as a result of his dismissal to have that event considered a significant contributing factor in the onset of his fatal heart attack.
*1172 Dr. Eckberg’s opinion that the acute stress of being fired was a significant contributing factor to the onset of claimant’s fatal heart attack is accepted as the most credible medical evidence of record and is found as fact. Dr. Eck-berg’s opinion that repeated, chronic stress for the last two years of decedent’s employment was a significant contributing factor to the decedent’s fatal heart attack is rejected as less credible than the opinion of Dr. Wecht on that issue.
Dr. Mramor’s description of decedent’s personality and behavioral characteristics and the impact that these would have upon his reaction to his termination to employment supports the opinion of Dr. Eckberg and is found to be credible and is accepted as fact.
Based upon the credible testimony of Mr. Strandwitz and Mr.

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Bluebook (online)
777 A.2d 1169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erie-bolt-corp-v-workers-compensation-appeal-board-pacommwct-2001.