Muse v. Workmen's Compensation Appeal Board

522 A.2d 533, 514 Pa. 1, 1987 Pa. LEXIS 664
CourtSupreme Court of Pennsylvania
DecidedMarch 11, 1987
Docket23 E.D. Appeal Docket 1986
StatusPublished
Cited by34 cases

This text of 522 A.2d 533 (Muse 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
Muse v. Workmen's Compensation Appeal Board, 522 A.2d 533, 514 Pa. 1, 1987 Pa. LEXIS 664 (Pa. 1987).

Opinions

OPINION

McDERMOTT, Justice.

On February 16, 1973, Lester R. Muse (hereinafter “claimant”) suffered a bilateral hernia which was classified as a work-related injury. Surgery was performed on June 23, 1973, to correct the impairment and a final receipt was executed on November 21, 1973, with regard to the claimant’s workmen’s compensation benefits. Benefits were thereafter reinstated in 1977 when it was discovered that the surgery had caused the atrophy of the claimant’s right [3]*3testicle together with the contraction of the right spermatic cord. The referee found that the cause of this condition was a result of the first surgery. A second operation was recommended by the employer’s physician, which the claimant refused.

The employer subsequently filed a petition for modification based upon § 306(f) of the Pennsylvania Workmen’s Compensation Act (hereinafter “Act”).1 The basis of the employer’s petition was that the claimant’s refusal of the proffered medical services constituted a forfeiture of all benefits under the Act. A hearing was held before a referee on June 22, 1978. At the hearing the only witness was the employer’s physician. The petition for modification was eventually dismissed, the referee having determined that the claimant’s refusal to undergo surgery was not unreasonable “considering the nature and extent of the operative procedure as well as the possible complications.” Finding of Fact No. 13, Referee’s Decision, July 14, 1982, p. 3.

On review the Board reversed the referee’s decision, finding that the medical services offered were reasonable. As a consequence the referee was directed to enter an order effecting the forfeiture of the claimant’s benefits.2

On appeal the Commonwealth Court reversed. The court stated that the Board erred in finding the referee’s determination of reasonableness was a question of law. It held that “[i]n reviewing the referee’s decision, [the Board] needed only to determine whether or not the finding that the claimant’s refusal to undergo a second operation was not unreasonable was based on substantial evidence.” The court further concluded that “even if the claimant’s refusal had been unreasonable, the employer would still have had the burden of proving that the refusal led to further injury or to an increase in the claimant’s incapacity.” Muse v. [4]*4Workmen’s Compensation Appeal Board, 89 Pa.Cmwlth. 171, 492 A.2d 102 (1985). From that decision the employer sought allowance of appeal, which was granted. We now reverse.

The employer presents a single issue for review: whether the claimant’s refusal to undergo the surgery recommended by the employer’s physician constituted a refusal of reasonable medical services pursuant to § 306(f) of the Workmen’s Compensation Act. Section 306(f) of the Act reads in relevant part:

(4) In addition to the above service, the employer shall provide payment for medicines and supplies, hospital treatment, services and supplies and orthopedic appliances, and prostheses. The cost for such hospital treatment, service and supplies shall not in any case exceed the prevailing charge in the hospital for like services to other individuals. If the employe shall refuse reasonable services of duly licensed practitioners of the healing arts, surgical, medical and hospital services, treatment, medicines and supplies, he shall forfeit all rights to compensation for any injury or any increase in his incapacity shown to have resulted from such refusal. Whenever an employe shall have suffered the loss of a limb, part of a limb, or an eye, the employer shall also provide payment for an artificial limb or eye or other prostheses of a type and kind recommended by the doctor attending such employe in connection with such injury and any replacements for an artificial limb or eye which the employe may require at any time thereafter, together with such continued medical care as may be prescribed by the doctor attending such employe in connection with such injury as well as such training as may be required in the proper use of such prostheses. The provisions of this section shall apply in injuries whether or not loss of earning power occurs. If hospital confinement is required, the employe shall be entitled to semi-private accommodations but if no such facilities are available, regardless of the patient’s condition, the employer, not the [5]*5patient, shall be liable for the additional costs for the facilities in a private room.

§ 306(f)(4), 77 Pa.S. § 531(4) (Emphasis added).

In the instant matter the issue before the Board was whether the facts as established before the referee supported the conclusion that the services offered were unreasonable. The sole evidence offered at the referee’s hearing consisted of the testimony of the employer’s physician concerning the feasibility of surgery to correct the claimant’s condition. His testimony as summarized by the Board was as follows:

He performed a physical examination on claimant. He found claimant’s complaints were produced by a too tight repair (surgery) around the internal inquinal ring, resulting in a compromising of the venous and arterial blood supply, and hence, that claimant’s present problem is related to his prior surgery necessitated by his asserted injury and not directly to the injury. He recommended treatment for claimant which would be surgery that would eventually repair the tightness. Hospitalization would be from five to seven days. He stated that with any type of surgery there is always the various risks that are associated with any surgery but are minimal in nature “as long as general health is fairly good, that there is no complicating or contradicting medical conditions.” His examination of claimant caused him to conclude that claimant was a candidate for surgery that he recommended. Normal post-operative convalescence would be two to three months. If the surgery was successful, claimant would be relatively asymptomatic with regard to the right groin area. Claimant would have no limitation in his ability to lift objects or perform any kind of work. He stated the surgery should be completely successful under the proper technique and under the proper conditions. He stated that the risk factors of the problem, phlebitis, pulmonary emboli, wound infection, are on a percentage basis, that there would be a one to five percent chance of complications. On cross-examination [6]*6he mentioned the possible consequences of any surgery. Counsel had the physician estimate the incision in the body which the recommended surgery would entail. The physician noted claimant was a heavy smoker, and that non-smokers are better surgical candidates. He then went on in rather considerable detail as to what organs of the body would be touched in the recommended surgery. He stated that complications, other than phlebitis, pulmonary emboli, or wound infection would include the whole gamut following any surgical procedure, a myocardial infarction, drug reaction, skin reaction, allergic dermatitis, just to name a few.

Muse v. Western Electric Company, W.C.A.B. No. A-77461, p. 2-3. For whatever reason the claimant presented no evidence.

The referee, relying solely on the possible complications inherent in any surgical procedure, found as a matter of law that the employer failed to show that the claimant refused reasonable surgical services.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wegmans Food Markets, Inc. v. B. Cole (WCAB)
Commonwealth Court of Pennsylvania, 2025
Lisanti Painting Co. v. Workers' Compensation Appeal Board
973 A.2d 464 (Commonwealth Court of Pennsylvania, 2009)
Com. v. WCAB (Exel Logistics)
890 A.2d 1045 (Supreme Court of Pennsylvania, 2005)
Coleman v. Workers' Compensation Appeal Board
842 A.2d 349 (Supreme Court of Pennsylvania, 2004)
Alltel, Inc. v. Workers' Compensation Appeal Board
829 A.2d 739 (Commonwealth Court of Pennsylvania, 2003)
Farance v. Workers' Compensation Appeal Board
774 A.2d 785 (Commonwealth Court of Pennsylvania, 2001)
American Red Cross v. Workers' Compensation Appeal Board
741 A.2d 244 (Commonwealth Court of Pennsylvania, 1999)
Curtis v. Workers' Compensation Appeal Board
730 A.2d 528 (Commonwealth Court of Pennsylvania, 1999)
Central Highway Oil Co. v. Workers' Compensation Appeal Board
729 A.2d 106 (Commonwealth Court of Pennsylvania, 1999)
Davis v. Workers' Compensation Appeal Board
711 A.2d 1096 (Commonwealth Court of Pennsylvania, 1998)
Sears v. Workers' Compensation Appeal Board
707 A.2d 618 (Commonwealth Court of Pennsylvania, 1998)
Kneas v. Workmen's Compensation Appeal Board
685 A.2d 248 (Commonwealth Court of Pennsylvania, 1996)
Genuardi Supermarkets v. Workmen's Compensation Appeal Board
674 A.2d 1194 (Commonwealth Court of Pennsylvania, 1996)
Shaffer v. Workmen's Compensation Appeal Board
667 A.2d 243 (Commonwealth Court of Pennsylvania, 1995)
Steel City Painting Co. v. Workmen's Compensation Appeal Board
618 A.2d 1199 (Commonwealth Court of Pennsylvania, 1992)
Abington Memorial Hospital v. Workmen's Compensation Appeal Board
616 A.2d 767 (Commonwealth Court of Pennsylvania, 1992)
Textron, Inc. v. Workmen's Compensation Appeal Board
613 A.2d 626 (Commonwealth Court of Pennsylvania, 1992)
Stuart Painting Co. v. Workmen's Compensation Appeal Board
611 A.2d 787 (Commonwealth Court of Pennsylvania, 1992)
Mardis v. Workmen's Compensation Appeal Board
603 A.2d 672 (Commonwealth Court of Pennsylvania, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
522 A.2d 533, 514 Pa. 1, 1987 Pa. LEXIS 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muse-v-workmens-compensation-appeal-board-pa-1987.