Lynch v. Workmen's Compensation Appeal Board

680 A.2d 847, 545 Pa. 119, 1996 Pa. LEXIS 1518
CourtSupreme Court of Pennsylvania
DecidedJuly 31, 1996
StatusPublished
Cited by6 cases

This text of 680 A.2d 847 (Lynch v. Workmen's 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
Lynch v. Workmen's Compensation Appeal Board, 680 A.2d 847, 545 Pa. 119, 1996 Pa. LEXIS 1518 (Pa. 1996).

Opinions

OPINION

NIX, Chief Justice.

Appellant, Robert Lynch, appeals from the Order of the Commonwealth Court, which affirmed the Order entered by [121]*121the Workmen’s Compensation Appeal Board (“Board”). The Board reversed the referee’s decision which awarded Appellant specific loss benefits under 77 P.S. § 513(8) of the Pennsylvania Workers’ Compensation Act1 for the loss of hearing in his left ear. We granted allocatur to address the question of whether an audiologist’s testimony and reports constitute medical testimony sufficient to establish a compensable injury. For the reasons that follow, we affirm the Order of the Commonwealth Court.

Appellant was employed by Teledyne Vasco (“Teledyne”) for over forty years in various capacities, some of which required him to operate machinery. During the course of his employment, Appellant was frequently exposed to loud noises.

On November 1, 1991, Appellant filed a claim petition alleging that he suffered a complete loss of hearing in his left ear as a result of occupational noise exposure.2 Teledyne filed an answer denying the material allegations contained in Appellant’s petition. The referee conducted hearings at which Appellant testified and presented the deposition testimony of his wife and children, and a mechanical engineering consultant who specializes in acoustics, vibrations and noise. Appellant also presented the deposition testimony and reports of his audiologist, Paul R. Plucker, M.S. Appellant, however, did not offer the testimony or reports of a physician. In an effort to refute Appellant’s claim, Teledyne presented the deposition testimony of Roy E. Kerry, M.D., an otolaryngologist, and John P. Balko, M.A., an audiologist.

After all of the evidence was presented, the referee found credible the testimony of Appellant and his family regarding the hearing difficulties that he faces in everyday life. Referee’s Finding of Fact No. 9E. The referee also found credible Appellant’s medical evidence that he suffered a complete loss [122]*122of hearing in his left ear for all practical intents and purposes, and that the hearing loss was the result of occupational noise. Referee’s Finding of Fact No. 9C. The referee found that the testimony of Teledyne’s medical witnesses was not credible because the test and examinations they relied upon in rendering their opinions were conducted sixteen and twenty-one months prior to Appellant’s claim for hearing loss in his left ear. Referee’s Finding of Fact No. 9D. Based on these findings, the referee concluded that Appellant sustained his burden of proving a compensable hearing loss in his left ear and granted his petition. Referee’s Conclusion of Law No. 2. The referee further ordered Teledyne to pay Appellant’s bill of costs, interest, a penalty for unreasonable contest, and a portion of Appellant’s legal fees. Referee’s Conclusions of Law Nos. 3, 4, 5, and 6.

Teledyne appealed to the Board, which concluded that Appellant failed to present any medical expert testimony to support his claim. Lynch v. Teledyne Vasco, A93-0194, slip op. at 3 (W.C.A.B. July 27, 1994). The Board recognized that Appellant had put forth the testimony and reports of his audiologist, Mr. Plucker. Nevertheless, the Board concluded that it was constrained to follow Pare v. Workmen’s Compensation Appeal Bd. (Fred S. James & Co.), 97 Pa. Commw. 435, 509 A.2d 1361 (1986), alloc, denied, 514 Pa. 622, 521 A.2d 935 (1987), which held that the testimony of an audiologist, standing alone, is insufficient to establish a compensable hearing loss. As such, the Board reversed the referee’s award. Lynch v. Teledyne Vasco, A93-0194 (W.C.A.B. July 27, 1994).

Appellant then appealed to the Commonwealth Court. The Commonwealth Court, constrained by its earlier decision in Pare, supra, affirmed the Order of the Board. Lynch v. Workmen’s Compensation Appeal Bd. (Teledyne Vasco), 654 A.2d 665 (Pa.Commw.1995). The court concluded that although audiologists play a vital role in the area of hearing science, “[i]t is also necessary for an otolaryngologist to examine the claimant and determine whether his or her clinical findings are consistent with the audiologist’s test results.” Id. at 668. This appeal followed.

[123]*123Our scope of review in a workers’ compensation case is limited to a determination of whether there has been a constitutional violation, an error of law, or a violation of appeal board procedure, and whether necessary findings of fact are supported by substantial evidence. Dilkus v. Workmen’s Compensation Appeal Bd. (John F. Martin & Sons), 543 Pa. 392, 396-398, 671 A.2d 1135, 1137-38 (1996). Initially, we note that a claimant has the burden of proving a causal connection between his or her alleged disability and the injury sustained at work. Fotta v. Workmen’s Compensation Appeal Bd. (U.S. Steel/USX Corp. Maple Creek Mine), 534 Pa. 191, 194, 626 A.2d 1144, 1146 (1993). Where the injury is not attributable to a specific incident, the causal relationship between the injury and the employment will seldom be obvious, and in those cases, unequivocal medical testimony is required. Workmen’s Compensation Appeal Bd. v. Bethlehem Steel Corp., 23 Pa. Commw. 454, 456, 352 A.2d 571, 573 (1976).

In the case sub judice, Appellant contends that his hearing loss was a direct result of his occupational exposure to loud noises over the course of more than forty years. Because of the length of time associated with Appellant’s occupational exposure to loud noises, it is incumbent upon him to present unequivocal medical testimony to support his claim.

Appellant sought to satisfy this requirement by presenting the testimony of his audiologist, Mr. Plucker, despite case law directly on point which held that an audiologist’s testimony and reports were not considered expert medical testimony. See Pare v. Workmen’s Compensation Appeal Bd. (Fred S. James & Co.), 97 Pa. Commw. 435, 438, 509 A.2d 1361, 1363 (1986), alloc. denied, 514 Pa. 622, 521 A.2d 935 (1987). Although the referee found that the testimony and reports of Mr. Plucker supported Appellant’s claim, the Board, and subsequently the Commonwealth Court concluded, that the testimony and reports were legally insufficient, based on existing case law.

Appellant has elected not to advance any substantive argument to this Court as to why we should overrule that prece[124]*124dent and conclude that reports and testimony from an audiologist should be considered expert medical testimony. Instead, Appellant takes exception with the underlying premise that current case law holds that the testimony of an audiologist is insufficient to support a claim of hearing loss.3

Specifically, Appellant argues that Pare v. Workmen’s Compensation Appeal Bd. (Fred S.

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680 A.2d 847, 545 Pa. 119, 1996 Pa. LEXIS 1518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynch-v-workmens-compensation-appeal-board-pa-1996.