Halvorsen v. Workmen's Compensation Appeal Board

632 A.2d 973, 159 Pa. Commw. 35, 1993 Pa. Commw. LEXIS 661
CourtCommonwealth Court of Pennsylvania
DecidedOctober 12, 1993
DocketNo. 2059 C.D. 1992
StatusPublished
Cited by3 cases

This text of 632 A.2d 973 (Halvorsen 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
Halvorsen v. Workmen's Compensation Appeal Board, 632 A.2d 973, 159 Pa. Commw. 35, 1993 Pa. Commw. LEXIS 661 (Pa. Ct. App. 1993).

Opinion

COLINS, Judge.

Deborah Halvorsen (Claimant) petitions for review of an order of the Workmen’s Compensation Appeal Board (Board) which affirmed a referee’s decision denying her fatal claim petition and denying her claim petition for medical expenses.

Gerard T. Halvorsen (Decedent) was employed by Congoleum Corporation (Employer) as a machine operator. On September 23, 1986, Decedent’s hand was injured in the course of his employment, and he began receiving workmen’s compensation benefits. On July 18, 1988, Decedent was discovered dead. Thereafter, Claimant filed a fatal claim petition and a claim petition for medical expenses against Employer. Hearings were held before the referee, who made the following relevant findings of fact and conclusions of law:

[39]*39 FINDINGS OF FACT
2. Decedent had a history of substance abuse and psychiatric disorders which preceded his September 23, 1986 hand injury.
3. Because of complaints of pain, decedent underwent hand surgery on or about November 3, 1986.
4. Claimant’s decedent was re-admitted to Crozer-Chester Medical Center for kidney stone pain March 8 through March 12, 1987. Despite his history of addiction, decedent was administered Demerol for kidney stone pain----
5. Three months after being administered Demerol for kidney stone pain, the decedent was again admitted to Crozer-Chester Medical Center on June 25, 1987. Entries in the June 1987 Crozer-Chester Medical Center [records] reflect that decedent’s substance abuse and psychiatric disorders recurred three months after being administered Demerol.... [T]he decedent was transferred to the Horsham Clinic for continuing in patient treatment with Dr. Braid and that June 1987 was the first time since 1983 that Dr. Braid treated decedent for substance abuse and psychiatric disorders.
6. Dr. Braid’s testimony, as corroborated by his office records, that adjustments were made to decedent’s prescription regime during the course of his treatment as some medications were more effective than others and at different dosages is credible and persuasive. [T]he evidence that decedent’s abuse of medications interfered with Dr. Braid’s ability to treat the decedent is also compelling as the record ... reflects ample evidence of decedent’s abuse of medication. Dr. Ayd’s testimony that Dr. Braid never adjusted decedent’s medication is rejected.
7. Decedent had a prior history of and, at least as of the summer of 1987, an ongoing problem with abuse of drugs in that decedent, against the medical advice from Dr. Braid, took more medication than prescribed and mixed medications prescribed by Dr. Braid with other medications [40]*40which also had sedating qualities, against the advice of Dr. Braid.
8. Decedent underwent hand surgery in May 1988 which greatly reduced, if not totally resolved, the hand pain decedent had previously experienced.... Claimant filed a Section 302 Protection from Abuse Petition during this time and decedent, thereafter, was admitted to Crozer-Chester Medical Center ... for substance abuse and psychiatric disorders. The hospital chart reflects that decedent had no wish to live at that point, six weeks before he died.
11. Both claimant and defendant conclude, pursuant to the toxicology portion of the autopsy report, that decedent died of Amitriptyline poisoning....
13. The opinion testimony of Dr. Ayd is rejected as unpersuasive.
14. [DJecedent’s excessive ingestion of Amitriptyline resulted from an intentional refusal to follow reasonable medical treatment, services and medicines.
16. The records submitted into evidence established that decedent had a longstanding history of suicidal ideation and that, despite the resolution of his hand pain, decedent continued to exhibit signs of suicidal potential through the summer of 1988. In this regard, the evidence including the May 1988 Crozer-Chester Medical Center entries regarding decedent’s wish not to live, the breakup of decedent’s marriage, family discord, and later, decedent’s moving into a room by himself in the last two weeks before he died, is compelling and credible.
17. The testimony of Dr. Cohn, Dr. Michals and medical examiner, Mr. Purnell, that the amount of Amitriptyline found in the body of decedent was so high that the ingested [41]*41overdose could not have been inadvertent, only intentional, is accepted as credible and persuasive.
18. The evidence submitted by Dr. Braid, by way of testimony and office records, the May 1988 Crozer-Chester Medical Center hospital records and the testimony of Dr. Michals that decedent experienced marital discord, particularly in the last weeks of decedent’s life, such that discord was a significant factor contributing to decedent’s depression is accepted as persuasive, credible and compelling.
19. The testimony of Dr. Braid that had decedent followed medical advice and taken medications as prescribed, the decedent would not have died, is accepted as highly persuasive, credible, and accordingly, such testimony is accepted.
20. The opinion of Dr. Michals that decedent committed suicide is accepted as credible and persuasive.
21. Because claimant refused to execute an authorization for the release of welfare benefits, her testimony of dependence is rejected particularly since she was employed on a part-time basis and living apart from her husband at the time he died. Further the amount which decedent was contributing could not have been a substantial portion of claimant’s support.
CONCLUSIONS OF LAW
2. Claimant has failed to satisfy her burden of proving by competent, persuasive evidence that decedent’s overdose and death on July 18,1988 was causally related to his work-related accident of September 23, 1986 and thus benefits must be denied.
3. Because death followed from failure to accept and follow reasonable medical treatment and services, this claim is not compensable pursuant to Section 306(f)(4).
4. Claimant has failed to establish by competent and unequivocal medical testimony that decedent took his life in an irrational frenzy as a direct result of the injury.
5. No compensation shall be paid to a claimant when the injury is self-inflicted, or when death is a suicide.
[42]*426. The employer in the instant suit, met its burden of proving by a preponderance of the evidence, that decedent’s death was intentionally self-inflicted; therefore, benefits are not payable.
7. Claimant was separated from decedent at the time of his death and even though she received some funds from decedent prior to his death, she has not established that decedent provided a substantial portion of her support and therefore, dependency has not been established.

In light of the above, the referee denied Claimant’s fatal claim petition and, further, denied her claim petition for medical benefits. Claimant appealed to the Board, which affirmed the referee.

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Bluebook (online)
632 A.2d 973, 159 Pa. Commw. 35, 1993 Pa. Commw. LEXIS 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halvorsen-v-workmens-compensation-appeal-board-pacommwct-1993.