Joseph Switken Co. v. Jackson

333 A.2d 500, 17 Pa. Commw. 554
CourtCommonwealth Court of Pennsylvania
DecidedMarch 6, 1975
DocketAppeals, Nos. 1701 C.D. 1973, 1724 C.D. 1973 and 129 C.D. 1974
StatusPublished
Cited by1 cases

This text of 333 A.2d 500 (Joseph Switken Co. v. Jackson) 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
Joseph Switken Co. v. Jackson, 333 A.2d 500, 17 Pa. Commw. 554 (Pa. Ct. App. 1975).

Opinion

Opinion by

Judge Kramer,

This opinion involves the disposition of three appeals taken from two orders of the Court of Common Pleas of Philadelphia County which affirmed an order of the Workmen’s Compensation Board (Board) disallowing a workmen’s compensation claim of Mompie Jackson (Jackson).

Jackson was a truck driver physically handling the delivery of wholesale meat (packaged in barrels, boxes and packages) for Joseph Switken Company (Switken) in the Philadelphia area. He had been employed by Switken for approximately 18 years (the record also indicates that perhaps Jackson had been employed for only 16 years). For many years Jackson had suffered from diabetes. Because of this ailment, on the morning of June 15, 1965, the date of the incident in question, Jackson examined, washed and oiled his feet prior to putting on clean white cotton socks in preparation for work. This procedure had been recommended by a physician for Jackson. He testified that at some time during that day, while on the business of his employer, he experienced pain in his left leg and general dizziness, but he completed his work for the day. Upon arriving at his home, he immediately went to bed and called upon his [557]*557wife for assistance. She removed his shoes and socks and observed blood on the left sock at the large toe and a piece of glass imbedded under the front bottom portion of the toe. She removed a piece of glass approximately three-quarters of an inch long.

The record is quite clear that Jackson changed from his street shoes to his steel-toed and rubber-soled work shoes upon arriving at his place of employment. He reversed the procedure at the end of the work day, and the work shoes were placed in a locker at his place of employment. Because of a lack of feeling and general numbness about his feet, caused by the diabetes, Jackson was unable to state exactly when the glass became imbedded in his toe. He stated that on one delivery of meat for his employer he observed broken glass about the place of delivery. He concluded that it was at this place of delivery that the glass pierced the shoe and his toe. Jackson immediately notified his employer of his difficulty, and later obtained medical attention, but gangrene set in, and the toe was amputated.

Jackson filed a claim for compensation and Switkin denied knowledge of a work-related accident or injury. Hearings were held, after which a referee of the Board, on June 30, 1969, issued an adjudication disallowing Jackson’s claim. This disallowance was based primarily upon a conclusion that Jackson had not sustained an accident in the course of his employment. The referee also found that Jackson was totally disabled from June 15, 1965. Upon appeal to the Board, and without the receipt of additional testimony or evidence, the Board issued an adjudication in which Jackson’s appeal was dismissed, but the Board changed the referee’s findings of fact. The Board found that:

“On June 15, 1965, the claimant, Mompie Jackson, suffered an accident while in the course of his employment when a piece of glass became imbedded in his left great toe.”

[558]*558The Board also concluded that Jackson had failed to prove that his physical disability and loss of employment were causally related to the accident.

The case was then appealed by Jackson, Switken, and Switken’s insurance carrier (the Liberty Mutual Insurance Company). The lower court, without receiving any additional testimony or evidence, affirmed the adjudication of the Board and dismissed the appeal. The court concluded that, although the Board should be affirmed in its finding that Jackson had suffered an accident while in the course of his employment, the Board was correct in its conclusion that the medical testimony presented by Jackson fell short of the standard required to prove causal connection. Although the court was procedurally correct in reviewing the record to determine whether the Board had capriciously disregarded the evidence, we must hold that the court below was in error in its conclusion, based upon our very careful review of the entire record.

It should first be noted that the adjudication of the Board was rendered prior to the recent amendments to the Workmen’s Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §1 et seq. (more specifically amended by Act No. 12 of 1972, enacted February 8, 1972, effective May 1, 1972) and as interpreted by this Court in the case of Universal Cyclops Steel Corporation v. Krawczynski, 9 Pa. Commonwealth Ct. 176, 305 A. 2d 757 (1973). As we stated in other cases, prior to 1972, in workmen’s compensation cases, the referee was the agent of the Board and the Board, therefore, had the power and authority to make changes in the findings of fact of the referee. See Barnold Shoes, Inc. v. Workmen’s Compensation Appeal Board, 10 Pa. Commonwealth Ct. 73, 77, 308 A. 2d 189, 192 (1973); State Workmen’s Insurance Fund v. Young, 2 Pa. Commonwealth Ct. 423, 426, 276 A. 2d 552, 554 (1971).

[559]*559There can be no question that, prior to the recent amendments to the Act, the claimant in such cases has the burden of proving that he suffered injuries as a result of an accident occurring during the course of employment, and that there was a causal relationship between the accident and the injuries sustained. Nichols v. Wright’s Truck Stop, 12 Pa. Commonwealth Ct. 8, 11, 314 A. 2d 563, 564 (1974); Bullock v. Building Maintenance, Inc., 6 Pa. Commonwealth Ct. 539, 543, 297 A. 2d 520, 522 (1972). We have also held that where the court receives no additional evidence and where the result of the adjudication is against the person with the burden of proof, our scope of review is limited to determining whether the Board has capriciously disregarded the evidence or committed an error of law. Rice v. A. Steiert & Sons, Inc. 8 Pa. Commonwealth Ct. 264, 269, 301 A. 2d 919, 922 (1973); Sherred v. Pittsburgh, 7 Pa. Commonwealth Ct. 401, 405, 299 A. 2d 381, 383 (1973). Where the result of the adjudication runs in favor of the party with the burden of proof, we need only determine whether an error of law has been committed, and whether there is substantial evidence to support the adjudication. Reed v. Glidden Company, 13 Pa. Commonwealth Ct. 343, 345, 318 A. 2d 376, 377 (1974); Williams v. San Giorgio Macaroni, Inc., 13 Pa. Commonwealth Ct. 386, 388, 319 A. 2d 434, 435 (1974).

In this case, both of these last two principles are operative because the Board found and concluded that Jackson (the party with the burden of proof) had suffered an accident while in the course of his employment, but it also concluded that he had failed to prove any causal connection between this accident and his injury.

While it may be tempting to discuss the weaknesses and strengths of Jackson’s attempt to meet his burden, that is not our task. This record clearly establishes that on June 15, 1965 a piece of glass became imbedded in Jackson’s left great toe, during his employment on that [560]*560day. While we recognize that how the glass became imbedded in the toe will remain a mystery, certainly there is sufficient circumstantial evidence in the record to support the Board’s conclusion. See Cody v. S.K.F. Industries, Inc. 447 Pa. 558, 570, 291 A. 2d 772, 778 (1972). On this point, we must affirm both the Board and the court below.

On the question of causal connection, however, we cannot affirm. The Board stated:

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Related

Workmen's Compensation Appeal Board v. Bowen
364 A.2d 1387 (Commonwealth Court of Pennsylvania, 1976)

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Bluebook (online)
333 A.2d 500, 17 Pa. Commw. 554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-switken-co-v-jackson-pacommwct-1975.