McAfee v. Workmen's Compensation Appeal Board

579 A.2d 1363, 134 Pa. Commw. 562, 1990 Pa. Commw. LEXIS 481
CourtCommonwealth Court of Pennsylvania
DecidedAugust 30, 1990
StatusPublished
Cited by11 cases

This text of 579 A.2d 1363 (McAfee 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
McAfee v. Workmen's Compensation Appeal Board, 579 A.2d 1363, 134 Pa. Commw. 562, 1990 Pa. Commw. LEXIS 481 (Pa. Ct. App. 1990).

Opinions

BARBIERI, Senior Judge.

Clifford A. McAfee (Claimant) petitions this Court to review an order of the Workmen’s Compensation Appeal Board (Board) which affirmed the referee’s decision dismissing Claimant’s reinstatement petition.

Claimant was employed by the Allegheny General Hospital (Employer) from August 31, 1953 until October 1, 1985. On July 19, 1978, while working as a paint foreman for Employer, Claimant suffered an injury to his lower back. Claimant received benefits for this injury pursuant to a compensation agreement. These benefits, however, were suspended on August 21, 1978 when Claimant returned to light-duty work for Employer at his pre-injury wage.

Claimant continued working for Employer doing various light-duty jobs, which were within the medical limitations prescribed by his treating physician, until October 1, 1985. At that time, Claimant retired under Employer’s new retirement plan.

Thereafter, Claimant filed a petition for reinstatement pursuant to Section 413 of The Pennsylvania Workmen’s Compensation Act1, requesting reinstatement of total disability compensation because his back problems had increased to the point where he could not continue with his light-duty work. Specifically, Claimant alleged that his back injury had progressed to the point where it forced him to take early retirement.

After a series of hearings, the referee made the following pertinent findings of fact:

[566]*566Claimant was injured July 19, 1978 in the course of his employment with the defendant.
Claimant was paid compensation and returned back to work at the same rate of pay but was assigned lighter work with some medical restrictions.
Claimant worked at various jobs with defendant and on October 1, 1985 the claimant took voluntary retirement. The claimant’s job, which was within the medical limitations prescribed by claimant’s doctor, was still available to claimant at [the] time of his retirement.
The claimant was performing the work within the medical limitations of his doctor at the time he chose to retire.

(Findings of Fact Nos. 5-9). Accordingly, the referee dismissed Claimant’s reinstatement petition, concluding that Claimant had not proven that he was entitled to total disability benefits.

On appeal by Claimant, the Board affirmed the decision of the referee because it found all of the referee’s findings of fact supported by substantial, competent evidence in the record. This petition for review followed.2

Preliminarily, Claimant argues that it was error for the Board to affirm the referee’s decision in this case since the referee who decided to dismiss Claimant’s reinstatement petition was not the referee who presided at the hearings and heard the testimony. Claimant further argues that the referee who authored the decision which the Board affirmed was not competent to formulate findings of fact and conclusions of law since that referee retired from his profession approximately five years ago.

In Arena v. Packaging Systems Corp., 510 Pa. 34, 507 A.2d 18 (1986), our Supreme Court concluded that Section 415 of the Act,3 permits a referee who did not [567]*567actually take the evidence in a workers’ compensation case to render a decision on the claim. The Court reasoned that while a substitute referee may not have the opportunity to observe the demeanor of each of the witnesses, fact-finding deference should still be given to the substitute referee since all referees, in dealing exclusively with workers’ compensation cases, have developed expertise in that area of the law. Id. at 37 n. 2, 507 A.2d at 19 n. 2.

Regarding Claimant’s second argument in which he questions the competency of retired referees to render decisions, we note that pursuant to Section 442 of The Administrative Code of 1929,4 workers’ compensation referees are considered civil service employees and are therefore governed by the Civil Service Act5. To effectuate the primary purpose of the Civil Service Act, the Rules of the Civil Service Commission (Rules) were implemented in Title 4 of the Pennsylvania Code. Section 101.54 of these Rules, 4 Pa.Code § 101.54, allows for the reinstatement of a former regular status employee to a position in the same or comparable class from which he resigned as long as the employee is still qualified for that position.

Additionally, Section 5706 of the State Employees’ Retirement Code, 71 Pa.C.S. § 5706 (Supp.1990), allows for a retired state employee to return to state service during an emergency. That section provides in pertinent part:

(a.l) Return to State service during emergency. — When, in the judgment of the head of the department, an emergency creates an increase in the work load such that there is serious impairment of service to the public, an annuitant may, with the approval of the Governor, be [568]*568returned to State service in a classification in which he had at least two years’ experience and without loss of annuity shall receive the pay for such classfication for a period not to exceed 60 days in any calendar year.

Here, the retired referee was reinstated to active referee status in order to expedite another referee’s caseload. While on active referee status, he authored the decision to dismiss Claimant’s reinstatement petition. As there is statutory and regulatory authorization for the reemployment of this referee even though he had retired approximately five years ago, we conclude that the Board did not err in affirming the referee’s decision since the substituted referee was competent to decide the case.

Next, Claimant argues that the referee in,this case failed to resolve crucial issues of fact and, therefore, the Board erred in not remanding the case for further fact-finding.

Findings of fact in a workers’ compensation case need not be so specific as to provide a thorough explanation of the thought processes of the fact-finder; however, they must be sufficient to demonstrate that the fact-finding function was performed. Killian v. Workmen’s Compensation Appeal Board (Kelsey Hayes Co.), 62 Pa. Commonwealth Ct. 29, 434 A.2d 906 (1981). When a reviewing court determines that the fact-finding function was not performed because essential findings were not made, the case must be remanded for further fact-finding. Id.

As our Supreme Court stated in Page’s Department Store v. Velardi, 464 Pa. 276, 287, 346 A.2d 556, 561 (1975):

When the fact finder in an administrative proceeding is required to set forth his findings in an adjudication, that adjudication must include all findings necessary to resolve the issues raised by the evidence and which are relevant to a decision. An appellate court or other reviewing body should not infer from the absence of a finding on a given point that the question was resolved in favor of the party who prevailed below, for the point may have been overlooked or the law misunderstood at the [569]*569trial or hearing level.

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Bluebook (online)
579 A.2d 1363, 134 Pa. Commw. 562, 1990 Pa. Commw. LEXIS 481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcafee-v-workmens-compensation-appeal-board-pacommwct-1990.