Gwinn v. Pennsylvania State Police

668 A.2d 611, 1995 Pa. Commw. LEXIS 554
CourtCommonwealth Court of Pennsylvania
DecidedDecember 11, 1995
StatusPublished
Cited by13 cases

This text of 668 A.2d 611 (Gwinn v. Pennsylvania State Police) 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
Gwinn v. Pennsylvania State Police, 668 A.2d 611, 1995 Pa. Commw. LEXIS 554 (Pa. Ct. App. 1995).

Opinion

DOYLE, Judge.

Trooper Rodney Gwinn appeals an order by the Commissioner of the Pennsylvania State Police (Commissioner) discontinuing Gwinn’s Heart and Lung Act1 benefits retroactive to February 24, 1994.

On December 13, 1992, Gwinn sustained a back injury during the course of his employment when he slipped and fell on ice while investigating a motor vehicle accident. Thereafter, he was approved for benefits under both the Heart and Lung Act and the Workers’ Compensation Act.2 During the following months, the Pennsylvania State Police (PSP) ordered Gwinn to submit to several independent medical examinations (IMEs) for which Gwinn failed to appear.3

On February 24, 1994, Gwinn submitted to an IME conducted by Dr. Paul Richter, a neurosurgeon, who released Gwinn to return to full duty and concluded that Gwinn was malingering. On March 8, 1994, PSP ordered Gwinn to return to full duty effective March 11, 1994. Gwinn, however, did not return to work on that date and, effective March 15, 1994, Gwinn was processed by PSP as a “voluntary resignation” by reason of abandonment.

Subsequently, PSP reinstated Gwinn, restoring his Heart and Lung Act Benefits retroactive to March 11, 1994.4 On May 19, 1994, PSP initiated proceedings to terminate Gwinn’s Heart and Lung Act benefits. A hearing was held before an arbitrator on August 19, 1994 to determine whether Gwinn was able to return to work because his disability had ceased. During the termination hearing, evidence of Gwinn’s failure to attend scheduled IMEs, records of Workers’ Com[613]*613pensation hearings and Gwinn’s disciplinary records were admitted over Gwinn’s objection.

Thereafter, the arbitrator issued a Proposed Report dated November 14, 1994, recommending the termination of Gwinn’s benefits to which Gwinn filed exceptions. On January 12, 1995, the Commissioner issued a final adjudication retroactively terminating Gwinn’s Heart and Lung Act benefits to February 24, 1994. This appeal followed.

On appeal, Gwinn argues: (1) the Commissioner violated Gwinn’s constitutional rights by retroactively terminating his Heart and Lung Act benefits; (2) evidence concerning attempts to schedule medical examinations and Gwinn’s disciplinary record were erroneously admitted in the termination proceeding; and (3) the Commissioner’s adjudication was not supported by substantial evidence.

RETROACTIVE TERMINATION

The Heart and Lung Act provides police officers and firefighters with full compensation when they are temporarily disabled due to work-related injuries. Adams v. Lawrence Township Board of Supervisors, 621 A.2d 1119 (Pa.Cmwlth.), petition for allowance of appeal denied, 536 Pa. 631, 637 A.2d 291 (1993). Heart and Lung Act benefits can be terminated when: (1) the claimant is able to return to work because his disability ceases; or (2) the claimant’s disability is determined to be permanent as opposed to only temporary. Williams v. Department of Corrections, 164 Pa.Cmwlth. 224, 642 A.2d 608 (1994). We have established that an injured police officer receiving Heart and Lung Act benefits has a constitutionally protected property right in those benefits. Adams. Accordingly, they may not be terminated without conducting a full due process hearing in which the employer establishes one of the two bases of termination. Williams.

In the instant case, a termination hearing was held on August 19, 1994, but the Commissioner determined that Gwinn’s Heart and Lung Act benefits should be terminated retroactive to the date when Gwinn was examined by Dr. Richter and determined to be fit to return to work.

Gwinn contends that the Commissioner erred in retroactively terminating his benefits because due process requires that a hearing must be conducted prior to the divestiture of Heart and Lung Act benefits. Conversely, PSP argues that due process only requires that a due process hearing be conducted before the decision to terminate a claimant’s benefits, but that benefits need only be paid until the time when the disability ceases, regardless of whether that date precedes the hearing.

A review of the relevant case law reveals that we have previously addressed this issue, in a case involving a township police officer. Wydra v. Swatara Township, 136 Pa.Cmwlth. 164, 582 A.2d 710 (1990).

In Wydra, Swatara Township terminated Wydra’s Heart and Lung Act benefits on the basis that his disability was permanent, without affording him a full due process hearing. Subsequently, however, the Civil Service Commission (CSC) conducted a termination healing which comported with all the due process requirements of the Local Agency Law,5 and upheld the termination of Wydra’s benefits. On appeal to this Court, we ordered the Township to reinstate Wydra’s Heart and Lung Act benefits for the period of time between the date the Township had ceased paying benefits until the date of the CSC determination upholding termination subsequent to the due process hearing, finding that the benefits should have continued until that (and not the date on which the Township Board of Commissioners determined that his disability was permanent pri- or to the due process hearing).

[614]*614Following the precedent of Wydra, therefore, we hold that the Commissioner in this case improperly retroactively terminated Gwinn’s Heart and Lung Act benefits and that such benefits must be reinstated from the date of retroactive termination on February 24,1994 through the date of the Commissioner’s final adjudication on January 12, 1995.

RELEVANT EVIDENCE

Gwinn argues that the evidence concerning his failure to attend scheduled IMEs6 and his disciplinary records7 were erroneously admitted in the termination proceeding. Specifically, Gwinn argues that this evidence was totally irrelevant to the issue in the termination hearing, that is, whether Gwinn had recovered from the injury.8

Administrative agencies are not bound by technical rules of evidence at agency hearings and generally all relevant evidence of reasonably probative value may be admitted. Section 505 of the Administrative Agency Law, 2 Pa.C.S. § 505. An agency has broad discretion under this rule in admitting or rejecting evidence. Stump v. Department of Labor and Industry, 154 Pa.Cmwlth. 471, 624 A.2d 229 (1993).

While Gwinn’s doctors relied in great part on Gwinn’s subjective complaints in forming their opinions, Dr. Richter specifically concluded that Gwinn was malingering. Thus, we find that the evidence regarding Gwinn’s disciplinary actions and his failure to attend IMEs was properly considered by the fact finder for the purpose of establishing or refuting Gwinn’s credibility.

SUBSTANTIAL EVIDENCE

Gwinn’s final contention is that the Commissioner’s adjudication was not supported by substantial evidence.

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Bluebook (online)
668 A.2d 611, 1995 Pa. Commw. LEXIS 554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gwinn-v-pennsylvania-state-police-pacommwct-1995.