McGraw-Edison/Power Systems Division v. Commonwealth

436 A.2d 706, 62 Pa. Commw. 302, 1981 Pa. Commw. LEXIS 1847
CourtCommonwealth Court of Pennsylvania
DecidedNovember 2, 1981
DocketAppeal, No. 2213 C.D. 1979
StatusPublished
Cited by10 cases

This text of 436 A.2d 706 (McGraw-Edison/Power Systems Division v. Commonwealth) 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
McGraw-Edison/Power Systems Division v. Commonwealth, 436 A.2d 706, 62 Pa. Commw. 302, 1981 Pa. Commw. LEXIS 1847 (Pa. Ct. App. 1981).

Opinions

Opinion by

Judge Rogers,

Joseph Rendziak is an employee of McGraw-Edison/Power Systems Division. On April 1, 1977 he was doing work with a steel coil which he later testified required a lot of effort. Shortly after finishing his shift on that day, while taking a shower at home, Rendziak noticed a bulge in his left side. He saw Dr. Schmieler, a physician engaged by his employer, and later Dr. Krosnoff to whom he was referred by Dr. Schmieler. Both doctors diagnosed the bulge as an inguinal hernia. Dr. Krosnoff performed a herniorrhaphy and Rendziak returned to work on July 19, 1977 with no further disability or loss of earnings. Rendziak had no history of hernia before the occurrence just described.

Rendziak filed a Claim Petition under The Pennsylvania Workmen’s Compensation Act, Act of June [304]*3042, 1915, P.L. 736, as amended, 77 P.S. §1 et seq., which the employer answered that Rendziak’s hernia was not work related. The two doctors’ reports were admitted into the record of the referee’s hearing. Dr. Schmieler wrote that “no history [was] reported to me ... of any unusual strain, slip, etc. ’ ’ and that ‘ ‘ there was no history of an accident that would be compatible with causing a hernia”, and stated his belief that the hernia .was- riot related to any injury that occurred at work.

Dr. Krosnoff on the other hand wrote as follows:

In reviewing my records (see enclosed copy of history obtained from the patient) it would appear that a cause and effect relationship for the development of his hernia could be established. The patient stated to me that he had not noted the mass in his left inguinal area until after lifting all day Friday (presumable date April 1, 1977) and then reported same on Monday, April 4, 1977. During this time he was also being treated for an acute exacerbation of a chronic low back problem.
If no documentation of the hernia was ever made except as he prior states, then in my judgment I give the patient the benefit of the doubt as he so states, which would seemingly make this a work related incident.

The referee denied benefits making the two following pertinent findings:

13. The claimant by his own admission denies the occurrence of any injury on April 1, 1977.
14. The claimant has failed to meet the burden of proving the occurrence of a work related injury on April 1, 1977 and, therefore, his prayer for compensation must be denied.

[305]*305On appeal the Workmen’s Compensation Appeal Board reasonably concluded, based on the referee’s findings 13 and 14, that the referee may have erroneously imposed upon Bendziak the burden of proving that a lay accident (or facts justifying the application of the unusual strain doctrine) was the cause of the hernia. It remanded the record to the referee for application of the proper standard, in existence since 1972 amendments to Section 301 of the Act dispensed with the requirement that the injury be the résult of an accident.

In response to the remand the referee made a new decision awarding benefits, which the Appeal Board affirmed.

The employer contends that the Appeal Board erred in remanding because the record contains substantial evidence supporting the referee’s first decision, citing Forbes Pavilion Nursing Home, Inc. v. Harden, 18 Pa. Commonwealth Ct. 352, 336 A.2d 440 (1975). The flaw in this thesis is that the remand was ordered, not for the referee’s reconsideration of the facts, but for the application of the proper principle of law. While under the 1972 amendments, fact finding is committed to the referee, matters of law continue to be reviewable by the Appeal Board. Page’s Department Store v. Velardi, 464 Pa. 276, 346 A.2d 556 (1975). It follows that the Board discerning an apparent error of law, may remand to assure the application of the correct principles.

The employer also says that there was not unequivocal medical evidence that Bendziak’s hernia was work related, emphasizing Dr. Krosnoff’s use of the phrase “benefit of the doubt” and the referee’s characterization, in his first decision, of Dr. Krosnoff’s report as equivocal. Of course, the claimant is entitled to the benefit of the most favorable infer[306]*306enees reasonably deducible from the medical evidence supporting his claim. Cooper-Jarrett, Inc. v. Workmen’s Compensation Appeal Board, 61 Pa. Commonwealth Ct. 12, 432 A.2d 1128 (1981). A careful reading of Dr. Krosnoff’s letter reveals that the phrase “benefit of the doubt” had reference to the history given by the claimant of not experiencing any symptoms of a hernia — a bulge — until the heavy lifting incident of Friday, April 1, 1977 and of his noticing the bulge on the weekend and reporting it on Monday. The doctor says he gives the claimant the benefit of the doubt as to that history, not as to the cause of the hernia if that history is accepted.

A physician’s opinion of the cause of an injury is of course often conditioned on the acceptance of a history as well as of the correctness of the results of objective tests, of the truthfulness of the patient’s report of his subjective symptoms, of the accuracy of observations recorded in the patient’s medical file, etc. Medical causation testimony is not rendered equivocal because it is based on the witness’s assumption of the truthfulness of the information provided him for the purpose of forming his opinion. As we stated in Workmen’s Compensation Appeal Board v. Czepurnyj, 20 Pa. Commonwealth Ct. 305, 340 A.2d 915 (1975)

With respect to this physician’s reliance upon the history of the accident as described by Appellant, such reliance does not render his subsequent opinion of causation equivocal or otherwise incompetent if the supposed facts forming the basis of his diagnosis and determination of causal nexus with the accident are proven by competent evidence and accepted as true by the referee. Reed v. Glidden Co. [13 Pa. Commonwealth Ct. 343, 318 A.2d 379 (1974)]; Sabatini [307]*307v. Affiliated Food Distributors, Inc., 6 Pa. Commonwealth Ct. 470, 295 A.2d 845 (1972).

Id. at 312, 340 A.2d at 919. See also F. W. Kestle Associates v. Workmen’s Compensation Appeal Board, 54 Pa. Commonwealth Ct. 313, 421 A.2d 489 (1980); Atlas Mineral and Chemical, Inc. v. Workmen’s Compensation Appeal Board, 46 Pa. Commonwealth Ct. 449, 406 A.2d 606 (1979). Here the claimant testified, as he told Dr. Krosnoff, that his first symptom of herniation appeared shortly after the lifting incident at work. The referee credited this testimony. Dr. Krosnoff gave his medical opinion that if this was the inception of the hernia, then the hernia was the result of the lifting incident.

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Bluebook (online)
436 A.2d 706, 62 Pa. Commw. 302, 1981 Pa. Commw. LEXIS 1847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgraw-edisonpower-systems-division-v-commonwealth-pacommwct-1981.