Martin v. Workmen's Compensation Appeal Board

652 A.2d 1301, 539 Pa. 442, 1995 Pa. LEXIS 67
CourtSupreme Court of Pennsylvania
DecidedJanuary 23, 1995
StatusPublished
Cited by7 cases

This text of 652 A.2d 1301 (Martin 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
Martin v. Workmen's Compensation Appeal Board, 652 A.2d 1301, 539 Pa. 442, 1995 Pa. LEXIS 67 (Pa. 1995).

Opinions

OPINION OF THE COURT

PAPADAKOS, Justice.

On June 2, 1989, Thomas R. Martin, Appellant, injured his lower back during the course of his employment with Emmaus Bakery, Appellee. Appellant was totally disabled due to the injury which was diagnosed as a possible disc herniation, the type of injury which is routinely treated by chiropractic manipulation and physiotherapy. Appellant immediately began chiropractic treatment with Dr. Gary Tarola, a Board certified specialist in chiropractic orthopedics. As a result of the [444]*444chiropractic treatment and physiotherapy, Appellant was able to return to work on June 9, 1989, seven days after his work-related injury.

Appellee denied payment for the first two weeks of chiropractic care provided by Dr. Tarola to Appellant. The Workmen’s Compensation referee found as fact that the treatment rendered to Appellant during the first fourteen days after his work-related injury was both “reasonable and necessary.” (Referee’s Finding of Fact number 7). However, the referee denied Appellant’s claim petition seeking reimbursement. In rendering his decision, the referee concluded that despite Appellee’s posting of a panel of physicians in accordance with Section 306(f)(1) of the Pennsylvania Workmen’s Compensation Act (the Act) of June 2, 1915, P.L. 736, as amended, 77 P.S. § 531(1), Appellant, instead, elected to seek treatment from a chiropractor, which precluded him from remuneration.

Appellant appealed the referee’s decision to the Workmen’s Compensation Appeal Board (Board) which affirmed, finding that Appellant’s failure to seek treatment from a physician named on Appellee’s designated list removes Appellee’s obligation to pay for treatment within the first fourteen days following the injury.

On appeal, the Commonwealth Court, in affirming the Board’s decision, determined that under the 1978 amendment to Section 306(f)(1) of the Act an employer is required to reimburse only for treatment rendered by practitioners on the designated list. Martin v. Workmen’s Compensation Appeal Board (Emmaus Bakery), 161 Pa.Cmwlth.Ct. 637, 638 A.2d 294 (1994).

Appellant now comes before us in an effort to clarify what appears to be an absurd application of the Act which would limit injured employees from obtaining appropriate care simply because their employer failed to include a suitable practitioner on the designated list. Appellant argues that the Commonwealth Court’s analysis relies heavily on its misinterpretation of our holding in Workmen’s Compensation Appeal Board (Collier) v. Overmyer, 473 Pa. 369, 374 A.2d 689 (1977), [445]*445wherein we reversed the Commonwealth Court which, in turn, had reversed the Workmen’s Compensation Appeal Board’s ruling that chiropractor charges were payable under Section 306(f).

The issue presented in Overmyer was whether, under the pre-1978 version of Section 306(f) of the Act, an employer who had designated a list of five physicians, was responsible for treatment rendered by a licensed practitioner of the healing arts.

In concluding that the chiropractic services were reimbursable, we noted:

If the legislature had intended to restrict the employee’s rights to choose “any practitioner of the healing art,” it could have limited that choice by allowing the employer to designate certain “practitioners of the healing arts” from which the employee was to choose ... we believe the legislature intended only to limit the employe’s choice as to “physicians,” if the employe desired to be treated by a “physician,” and if the employer had designated five “physicians” in accord with the statute.

Overmyer, 473 Pa. at 375, 374 A.2d at 691-92.

Following our decision in Overmyer, the legislature amended Section 306(f) by repealing certain language and enacting new Section 306(f)(1) which permits employers to include both physicians and other practitioners on their designated lists.

The 1978 version of Section 306(f)(1) is at issue here:1 The employer shall provide payment for reasonable surgical and medical services, services rendered by duly licensed practitioners of the healing arts, medicines, and supplies, as and when needed: Provided, That [the employe may select a duly licensed practitioner of the healing arts of his own choice, unless at least five physicians shall have been designated by the employer or the employer and the employer’s representative by agreement, in which instance the employe [446]*446shall select a physician from among those designated] if a list of at least five designated physicians or other duly licensed practitioners of the healing arts or a combination thereof is provided by the employer, the employe shall be required to visit one of the physicians or other practitioners so designated and shall continue to visit the same or another physician or practitioner for a period of fourteen days from the date of the first visit. Subsequent treatment may be provided by any physician or any other duly licensed practitioner of the healing arts or a combination thereof, of the employe[’Js own choice, and such treatment shall be paid for by the employer.

77 P.S. § 531(1) (Emphasis added).

Appellee argues that under amended Section 306(f)(1) an employer should not be responsible to pay medical benefits to a particular type of provider not included on the employer’s designated list for treatment sought within the first fourteen days following a work-related injury because this would place an unreasonable burden upon employers in terms of both time and money and would require employers “to locate and evaluate the qualifications of innumerable duly licensed practitioners of the healing arts.” (Appellee’s brief, p. 15).

The Commonwealth Court was apparently persuaded with this reasoning and concluded that in Section 306(f)(1), the General Assembly decided to require employers to reimburse claimants only for treatments rendered by practitioners contained on the list during the statutory fourteen day period ■without regard to whether those physicians or practitioners would be of any help to an injured employee.

Because we agree with Appellant that the Commonwealth Court’s interpretation of Section 306(f)(1) is overly narrow, we now reverse.

We begin by noting that our scope of review in workmen’s compensation matters is limited to determining whether there has been a constitutional violation, an error of law, or a violation of Appeal Board procedure, and whether necessary findings of facts are supported by substantial evidence. St. [447]*447Joe Container Company v. Workmen’s Compensation Appeal Board (Staroschuck), 534 Pa. 347, 633 A.2d 128 (1993).

Our basic premise in workmen’s compensation matters is that the Workmen’s Compensation Act is remedial in nature and is intended to benefit workers and, therefore, the act must be liberally construed in order to effectuate its humanitarian objectives. Peterson v. Workmen’s Compensation Appeal Board (PRN Nursing Agency), 528 Pa.

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Martin v. Workmen's Compensation Appeal Board
652 A.2d 1301 (Supreme Court of Pennsylvania, 1995)

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Bluebook (online)
652 A.2d 1301, 539 Pa. 442, 1995 Pa. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-workmens-compensation-appeal-board-pa-1995.