Giant Eagle, Inc. v. Workers' Compensation Appeal Board

39 A.3d 287, 614 Pa. 606
CourtSupreme Court of Pennsylvania
DecidedMarch 13, 2012
Docket14 WAP 2010
StatusPublished
Cited by21 cases

This text of 39 A.3d 287 (Giant Eagle, Inc. v. Workers' Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Giant Eagle, Inc. v. Workers' Compensation Appeal Board, 39 A.3d 287, 614 Pa. 606 (Pa. 2012).

Opinions

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

justice McCaffery.

In this appeal, we consider whether “compensation,” as the word is used in Section 314(a) of the Workers’ Compensation Act (“Act”),1 77 P.S. § 651(a), must include medical benefits as well as wage loss benefits. Because we conclude that it does not, we affirm the order of the Commonwealth Court.

Quila Givner (“Claimant”) suffered a work-related injury on June 4, 1998, while in the employ of Appellant, Giant Eagle, Inc. (“Employer”). Pursuant to a notice of compensation payable, she received workers’ compensation benefits that were ultimately calculated to be $266.87 weekly for a partial disability.

[609]*609On October 29, 2007, Employer filed a suspension petition pursuant to Section 314(a), alleging that Claimant had failed to attend a physical examination scheduled by Employer. Section 314(a) relevantly provides:

§ 651. Examination of injured employee; refusal or neglect to submit to
(a) At any time after an injury the employe, if so requested by his employer, must submit himself at some reasonable time and place for a physical examination or expert interview by an appropriate health care provider or other expert, who shall be selected and paid for by the employer. If the employe shall refuse upon the request of the employer, to submit to the examination or expert interview by the health care provider or other expert selected by the employer, a workers’ compensation judge assigned by the department may, upon petition of the employer, order the employe to submit to such examination or expert interview at a time and place set by the workers’ compensation judge and by the health care provider or other expert selected and paid for by the employer or by a health care provider or other expert designated by the workers’ compensation judge and paid for by the employer____The refusal or neglect, without reasonable cause or excuse, of the employe to submit to such examination or expert interview ordered by the workers’ compensation judge, either before or after an agreement or award, shall deprive him of the right to compensation, under this article, during the continuance of such refusal or neglect, and the period of such neglect or refusal shall be deducted from the period during which compensation would otherwise be payable.

77 P.S. § 651(a).

Following a hearing held on December 3, 2007, the workers’ compensation judge (“WCJ”) issued an order directing Claimant to attend a physical examination on December 12, 2007, with Employer making the transportation arrangements to facilitate her attendance. The order also provided that, should Claimant fail to attend the examination without good [610]*610cause, such failure could “result in suspension of [C]laimant’s wage loss benefits.” WCJ Order, dated 12/3/08, at 1.

At the hearing, Claimant agreed to attend the December 12th physical examination. However, she failed to do so, and Employer filed another suspension petition on December 17, 2007, again requesting a suspension of benefits pursuant to Section 314(a) of the Act.

On March 3, 2008, the WCJ held a hearing on the petition, which hearing Claimant failed to attend although notice was sent to her. The WCJ permitted Employer to submit its evidence, and thereafter, by Decision and Order dated May 16, 2008, the WCJ suspended Claimant’s wage loss benefits effective December 12, 2007, because of her failure to attend the scheduled physical examination. The WCJ further ordered such suspension to remain in effect until such time as Claimant submitted to a physical examination by a physician of Employer’s choice.

Employer appealed to the Workers’ Compensation Appeal Board (“WCAB”), contending that the WCJ had erred by suspending only wage loss benefits and not medical expense benefits as well. The WCAB rejected Employer’s arguments, citing O’Brien v. Workers’ Compensation Appeal Board (Montefiore Hospital), 690 A.2d 1262, 1265 n. 6 (Pa.Cmwlth.1997), for the proposition that case law has recognized a distinction concerning the nature of “compensation” depending on whether an employer’s liability has or has not been established. The WCAB interpreted O’Brien as supporting the determination that medical expenses are included as “compensation” under the Act when the employer has not yet been determined to be liable, but medical expenses are not included as compensation when liability has been established, as it had been in the case sub judice2 Finding no authority in the Act that re[611]*611quired the adoption of Employer’s interpretation of compensation under Section 314(a), the WCAB concluded that the WCJ had committed no error.

On further appeal, the Commonwealth Court affirmed in a published opinion. Giant Eagle, Inc. v. Workers’ Compensation Appeal Board (Givner), 984 A.2d 1034 (Pa.Cmwlth.2009). The Commonwealth Court, like the WCAB before it, principally relied upon the O’Brien footnote, ultimately concluding: “As case law is otherwise silent on this issue, and the [WCAB’s] decision is perfectly logical, we decline to hold that in making such a finding the [WCAB] committed an error of law.” Giant Eagle, supra at 1036. The Commonwealth Court then extended its holding by determining that a WCJ could, within her or his discretion, suspend both medical and wage loss benefits pursuant to Section 314(a) as the case required. The court stated in this regard: “Noting the humanitarian purposes of the Act, we hold that where a WCJ would suspend both wage loss benefits and medical benefits, the WCJ must expressly state that medical benefits are suspended in addition to wage loss benefits.” Id.

We accepted review of this case, limited to consideration of the following issue, which we rephrased for clarity:

Whether “compensation” must include medical benefits as well as wage loss benefits under section 314(a) of the Workers’ Compensation Act.

Giant Eagle, Inc. v. Workers’ Compensation Appeal Board (Givner), 606 Pa.50, 994 A.2d 1083 (2010) (per curiam).

Our standard of review of an agency decision is limited to determining whether there has been a constitutional violation, an error of law, or a violation of agency procedure, and whether necessary findings of fact are supported by substantial evidence. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704; Pieper v. Ametek-Thermox Instruments Division, 526 Pa. 25, 584 A.2d 301, 303 (1990). When, as here, the issue is the proper interpretation of a statute, it [612]*612poses a question of law; thus, our standard of review is de novo, and the scope of our review is plenary. Borough of Heidelberg v. Workers’ Compensation Appeal Board (Selva), 593 Pa. 174, 928 A.2d 1006, 1009 (2007).

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Giant Eagle, Inc. v. Workers' Compensation Appeal Board
39 A.3d 287 (Supreme Court of Pennsylvania, 2012)

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Bluebook (online)
39 A.3d 287, 614 Pa. 606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giant-eagle-inc-v-workers-compensation-appeal-board-pa-2012.