Ohm v. Workmen's Compensation Appeal Board

663 A.2d 883, 1995 Pa. Commw. LEXIS 389
CourtCommonwealth Court of Pennsylvania
DecidedAugust 17, 1995
StatusPublished
Cited by14 cases

This text of 663 A.2d 883 (Ohm 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
Ohm v. Workmen's Compensation Appeal Board, 663 A.2d 883, 1995 Pa. Commw. LEXIS 389 (Pa. Ct. App. 1995).

Opinion

NARICK, Senior Judge.

Before this Court is an appeal by Karen Ohm (Claimant) from an order of the Workers’ Compensation Appeal Board (Board) granting, in part, the appeal of Caloric Corporation (Defendant) and amending the order of the Workers’ Compensation Judge (WCJ) to terminate Claimant’s compensation benefits under the Workers’ Compensation Act (Act) on April 22, 1992. We reverse the decision of the Board and remand for the reinstatement of Claimant’s benefits. The facts are as follows.

On December 24, 1990, Claimant filed a petition for reinstatement of compensation alleging that she continued to suffer a disability from an injury to her right elbow which she sustained in 1986 while working for Defendant, her previous employer. Although at the time of filing this petition she was working for Liquid Carbonic Inc. (Liquid Carbonic), she claimed she was working with a loss of income as a result of the injury, and was therefore entitled to partial disability payments, as per the supplemental agreement with Defendant.

At the hearing held before the WCJ on February 24, 1992, Claimant amended her petition to claim entitlement to total disability because, as of January 30, 1991, increased problems with her elbow had resulted in her inability to perform her job at Liquid Carbonic. On March 20, 1991, Claimant filed a claim petition, this time naming Liquid Carbonic as defendant, and alleging that on January 29, 1991 she sustained a sprain to her right arm while in the course of her employment with Liquid Carbonic, which caused a recurrence of her disability. Liquid Carbonic filed a petition for joinder alleging that Defendant and its insurer should be joined as parties to the proceedings regarding the claim petition, and alleging that Claimant’s disability was merely a recurrence of her right arm injury suffered while Claimant was employed by Defendant. Defendant and Liquid Carbonic filed answers to the claim petition, the reinstatement petition, and the petition to join.

In his opinion and order, the WCJ found Dr. Lawrence J. Goren, Defendant’s medical expert, not credible, and specifically rejected [885]*885his view that Claimant’s disability was an exacerbation of her injury, caused by her employment at Liquid Carbonic. The WCJ expressly found Claimant’s testimony to be uncontradicted and credible, and also credited the opinions of Dr. Finnegan, Claimant’s treating physician, and Dr. Arangio, Liquid Carbonic’s medical expert. Both doctors testified that the injury Claimant sustained on January 29, 1991, was a recurrence of her August 25, 1986 work injury. In Finding of Fact No. 28, the WCJ also specifically accepted the opinion of Dr. Arangio that Claimant’s disability had ceased on April 22, 1992, the date of his examination of Claimant, and also found that Claimant was able to return to work as of that date.

The WCJ concluded that Defendant was solely liable to pay Claimant’s compensation benefits commencing January 31,1991, to the present, as well as the unpaid medical bills relating to her arm injury. Consequently, the WCJ granted Claimant’s petition for reinstatement of total disability benefits against Defendant as of January 30, 1991, and dismissed the claim petition against Liquid Carbonic.

On appeal, the Board sustained the WCJ’s finding that Claimant suffered a recurrence of her work injury, and Defendant was therefore liable, but amended the decision to provide that Claimant’s benefits would terminate on April 22, 1992, based on the WCJ’s Finding of Fact No. 28. Claimant appeals from this order to this Court arguing that the Board erred in amending the WCJ’s order to terminate Claimant’s benefits as of April 22, 1992.

Claimant first contends that there is no requirement that the WCJ look beyond the relief requested. Continental Insurance Group v. Workmen’s Compensation Appeal Board (Gerbino), 162 Pa.Commonwealth Ct. 190, 638 A.2d 419 (1994). However, Section 413 of the Act1 empowers a WCJ to take the appropriate action as indicated by the evidence, and therefore the form of the petition is not controlling. Mardis v. Workmen’s Compensation Appeal Board (Malsbary Manufacturing Co.), 145 Pa Commonwealth Ct. 394, 603 A.2d 672 (1992); Bell Telephone Co. of Pennsylvania v. Workmen’s Compensation Appeal Board (Rothenbach), 98 Pa.Commonwealth Ct. 332, 511 A.2d 261 (1986).

Claimant’s argument relies on Continental Insurance which held, interpreting Section 413 of the Act, that an employer who filed a termination petition, but failed to sustain its burden of proving that the claimant was fully recovered and able to return to his pre-injury position, was not entitled to have the claimant’s benefits suspended because the WCJ was not required to look beyond the termination petition, although the evidence allegedly existed in the record to support modification of the claimant’s benefits. A WCJ may grant relief beyond that requested. It is in his discretion to do so, where the claimant is not misled by the form of the petition, has notice of the relief sought by the employer, and has a full and fair opportunity to contest the basis for the employer’s assertions. However, a WCJ is not required to look beyond the relief requested in the pleadings. Continental Insurance.

Likewise, Claimant contends here that since termination was not raised by the Defendant, nor ordered by the WCJ, the WCJ was not required to look beyond the relief requested, i.e. reinstatement of benefits, and thus it was error for the Board to order the termination of her benefits. However, this ignores the WCJ’s specific finding that Claimant’s disability ceased as of April 22, 1992. Thus, the WCJ, in his own discretion, looked beyond the relief requested, and found evidence in the record to terminate compensation. Moreover, Claimant had notice of Liquid Carbonic’s intent to contest the claim by way of Liquid Carbonic’s answer to her claim petition, in which strict proof of Claimant’s alleged injury was demanded (R. 2a), and by Liquid Carbonic’s refusal to issue a notice of compensation payable. Thomas v. Workmen’s Compensation Appeal Board (George’s Painting Contractors), 157 [886]*886Pa.Commonwealth Ct. 207, 629 A.2d 251 (1993); Bell Telephone. Thus, because Claimant had ample opportunity to prepare to meet Liquid Carbonic’s claim that her disability had ceased, she was not prejudiced by the WCJ’s finding. Coover v. Workmen’s Compensation Appeal Board (Browning-Ferris Industries), 140 Pa.Commonwealth Ct. 16, 591 A.2d 347 (1991).

Our Supreme Court has held that in a claim petition the burden rests on the claimant to demonstrate not only that she has sustained a compensable injury, but also that the injury continues to cause disability throughout the pendency of the petition. Inglis House v. Workmen’s Compensation Appeal Board (Reedy), 535 Pa. 135, 634 A.2d 592 (1993).

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Bluebook (online)
663 A.2d 883, 1995 Pa. Commw. LEXIS 389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ohm-v-workmens-compensation-appeal-board-pacommwct-1995.