First National Bank v. Workmen's Compensation Appeal Board

532 A.2d 526, 110 Pa. Commw. 370, 1987 Pa. Commw. LEXIS 2567
CourtCommonwealth Court of Pennsylvania
DecidedOctober 21, 1987
DocketAppeal, No. 1343 C.D. 1986
StatusPublished
Cited by3 cases

This text of 532 A.2d 526 (First National Bank 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
First National Bank v. Workmen's Compensation Appeal Board, 532 A.2d 526, 110 Pa. Commw. 370, 1987 Pa. Commw. LEXIS 2567 (Pa. Ct. App. 1987).

Opinion

Opinion by

Judge MacPhail,

Petitioners First National Bank of Dunmore (Employer) and Selected Risks Insurance Company, Employers insurance carrier, appeal an order of the Workmens Compensation Appeal Board (Board) which affirmed a referees decision to grant the fatal claim petition of Dorothy V. Trotta (Claimant) filed upon the death of her husband, Roland A. Trotta. We affirm.

According to the referees findings of fact, prior to Mr. Trottas death on October 14, 1982, he had been employed by Employer approximately twenty-one years, working his way up from bookkeeper to vice president. In October, 1981, Mr. Trotta was transferred to a new branch established by Employer in the City of Scranton to be the branch manager. Mr. Trotta had refused previously to accept such a transfer when the branch opened in September, 1980.

In his new position, Mr. Trotta was expected to generate business for the branch and, as found by the referee, he became more active socially, joining new business and civic organizations. On the night before Mr. Trottas death, he attended a United Way awards dinner along with other bank employees, and then went with the group for a drink at an establishment owned by a bank customer. Mr. Trotta returned home about 1:00 [373]*373a.m., slept approximately four and a half hours, and then arose at 6:00 a.m. in order to be in Hershey, Pennsylvania for a 10:00 a.m. meeting of the American Institute of Banking. Later that day, while at the meeting, which the referee found to be required by his position with Employer, Mr. Trotta suffered a fatal heart attack.

On May 16, 1983, Claimant filed a fatal claim petition alleging that her husbands death resulted from an aggravation of a pre-existing heart problem caused by the stress and strain of his employment.1 The referee awarded death benefits to Claimant, concluding that Mr. Trottas death resulted from a heart attack which was causally related to his employment. The Board affirmed the referees decision.

Employers initial argument on appeal is that the referee erred as a matter of law in overruling an objection to a hypothetical question, which Employer asserts was based upon hearsay, asked by Claimant of her medical witness.

It is well settled that, as a general rule, hypothetical questions must be based on matters which appear in the record and on facts warranted by the evidence. Borough of Morrisville v. Workmen's Compensation Appeal Board, 54 Pa. Commonwealth Ct. 41, 419 A.2d 813 (1980). Employers argument here is that the hypothetical question asked of Claimants medical witness, Dr. Preli, contained a series of “hearsay statements” taken from Claimants own testimony regarding her husbands work activities and that these statements do not properly appear in the record.

We find it unnecessary to rule on the competency of the evidence upon which the hypothetical was based. As this Court held in Serafin v. Workmen's Compensa[374]*374tion Appeal Board, 62 Pa. Commonwealth Ct. 413, 436 A.2d 1239 (1981), when a party objects to a hypothetical question, that party has a duty to specifically identify those elements of the question which it now challenges as improper. In the case at bar, Employers counsel objected to the form of the question “based on the fact that there are facts that are not contained in the hypothetical that should be contained.”2 Counsel later objected once again, “based on the feet that all pertinent facts are not contained in the hypothetical.”3

Employers objection to the hypothetical question was, we believe, general in nature and, therefore, insufficient under Serafín. The challenging party must definitively state the particular grounds for the objection in order to preserve those points for appellate review. Holy Family College v. Workmen's Compensation Appeal Board (Kycej), 84 Pa. Commonwealth Ct. 109, 479 A.2d 24 (1984). Absent a proper objection at the hearing, we may not consider the propriety of the admission of the evidence on appeal. Serafín.

Moreover, there was no objection in the instant case to the hypothetical based on hearsay, the grounds on which Employer challenges the hypothetical on appeal. As we previously have stated, “where, as here, the grounds for objecting to a hypothetical question on appeal are different from those asserted before the referee, the propriety of the question will not be considered on appeal.” Holy Family College, 84 Pa. Commonwealth Ct. at 115, 479 A.2d at 28.

We, accordingly, conclude that the referee herein did not err as a matter of law in overruling Employers objection to Claimants hypothetical question.

[375]*375The next issue raised by Employer is whether the referees findings of fact regarding Mr. Trottas emotional state after his transfer to the Scranton Branch are supported by substantial evidence. Employer argues that the findings were based on the hearsay evidence of Claimant and her daughter, Lisa Trotta, which, it asserts, cannot constitute substantial evidence. We do not agree.

First of all, the Board and the referee are not bound by the common law or statutory rules of evidence in the course of workmens compensation hearings. Bigler v. Workmen's Compensation Appeal Board (Bristol Township), 96 Pa. Commonwealth Ct. 642, 508 A.2d 635 (1986); Section 422 of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §834. Further, in workmens compensation proceedings, hearsay testimony, if relevant and material to facts at issue, may be considered for the additional light it sheds on the matter. Huff v. Workmen's Compensation Appeal Board (Ingalls Steel of Pa.), 70 Pa. Commonwealth Ct. 646, 453 A.2d 753 (1982).

Employer argues that the following paragraphs from finding of fact No. 11 are based solely on the hearsay testimony of Claimant and Lisa Trotta:

(b) That the responsibilities and duties of the decedents work activities which he performed and were required of him by the Defendant when transferred to the Scranton Branch as manager after twenty-one (21) years with the bank in Dunmore, did cause decedent to become angered and emotionally upset over this transition.
(c) From October, 1981 to October 14, 1982, decedents work activities, responsibilities and duties required of him in the Scranton Branch, becoming more socially active in various associ[376]*376ations and meetings in order to acquire new accounts, was causally related to the decedent to undergo a personality change, become nervous, less tolerant to family situations, unhappy, causing him to take more frequent medication consisting of Valium for nerves and Nitroglycerin pills for his heart, than he had in the past when employed as First Vice-President of the Dunmore Bank.

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532 A.2d 526, 110 Pa. Commw. 370, 1987 Pa. Commw. LEXIS 2567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-v-workmens-compensation-appeal-board-pacommwct-1987.