Pennsylvania Human Relations Commission v. Workmen's Compensation Appeal Board

655 A.2d 1055, 1994 Pa. Commw. LEXIS 707
CourtCommonwealth Court of Pennsylvania
DecidedDecember 22, 1994
StatusPublished
Cited by3 cases

This text of 655 A.2d 1055 (Pennsylvania Human Relations Commission 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
Pennsylvania Human Relations Commission v. Workmen's Compensation Appeal Board, 655 A.2d 1055, 1994 Pa. Commw. LEXIS 707 (Pa. Ct. App. 1994).

Opinions

KELLEY1, Judge.

The Pennsylvania Human Relations Commission (employer) appeals an order of the Workmen’s Compensation Appeal Board (board) which affirmed a referee’s decision granting Sidney Blecker’s (claimant) claim petition.

On January 25,1985, claimant filed a claim petition alleging that he suffered a psychic injury which rendered him totally disabled while employed as an attorney by employer. Nine hearings were held from April 18, 1985 through June 25, 1987.

Claimant entered into evidence the deposition of his psychiatrist, Dr. Lawrence Altaker, and the deposition of his psychologist, Dr. Stanley Schneider. Dr. Altaker testified that claimant suffers from an adjustment disorder with anxiety and obsessive personality disorder; he unequivocally opined that the adjustment disorder was caused by the performance evaluation claimant received on November 8, 1984. Dr. Altaker also testified that claimant is currently totally disabled. Dr. Schneider corroborated the obsessive personality diagnosis and concluded that this condition was exacerbated by the receipt of the performance evaluation.

The referee made the following relevant findings of fact:

6. In January 1984 the defendant issued new performance standards for the attorney’s [sic] and litigation was a key factor for the performance evaluation process and an attempt was made to define commitment to affirmative action.
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11. On November 8, 1984, a performance evaluation was given to the claimant....
12. Claimant is alleging that on November 8, 1984 upon receiving the performance evaluation and it’s [sic] marks, one of which had the claimant marked in the middle fair for affirmative action that claimant suffered a reaction to said evaluation and required medical attention.
13.Claimant had had difficulties with his home and family life and had required the treatment and counseling care of Dr. Altaker prior to November 8, 1984.
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26. After careful review of all the evidence in the record, this Referee finds:
a) claimant suffered a subjective reaction to the poor evaluation report given by his supervisor of claimant’s performance of work and this was not causally related to his employment and therefore not compensable.
b) claimant was performing his normal and usual job duties at the time of the evaluation and therefore any psychiatric condition was not causally related to his work or any stress or unusual activities.
c) the testimony of defendant’s witnesses were [sic] credible and the witness for claimant incredible and incompetent.

Accordingly, on December 13, 1988, the referee dismissed claimant’s claim petition. Claimant appealed the referee’s decision to the board. The board affirmed the referee’s decision and claimant appealed to this court.

This court entered an order: (1) vacating the referee’s thirteenth finding of fact as there was no evidence in the record to support such a finding; (2) remanding the matter for a determination based on the existing record as to whether the retroactive application of new performance standards to claimant constituted an abnormal working condition; and (3) remanding the matter for clarification of the referee’s finding of fact 26(c) regarding the credibility of claimant and his witnesses as it was unclear which single witness for claimant the referee disbelieved. Blecker v. Workmen’s Compensation Appeal Board (Pennsylvania Human Relations Commission), 141 Pa.Commonwealth Ct. 317, 595 A.2d 729 (1991) (hereinafter referred to as Blecker I).

On remand, the referee made the following additional findings of fact:

[1057]*10571. I hereby incorporate my findings of fact dated December 13, 1988 except as modified as follows.
2. Paragraph 13 of the original decision is revoked.
3. This Referee finds that the retroactive application of the performance standards issued in January 1984 and applied to claimant’s performance evaluation for the period of May 1983 through April 1984 constituted an abnormal working condition.
4. In finding that the retroactive application of the performance standards are abnormal working conditions this Referee finds that claimant was the only attorney to receive a performance evaluation in the Human Relations Commission during this time frame (1983-1984). This Referee finds that the supervising attorney Thomas Bell and the Regional Director did not receive a performance evaluation.
5. I further find that not only did the employer retroactively apply performance standards did [sic] it also rated claimant for incidents which occurred outside of the rating period.
6. Claimant’s anniversary date was May 1984 at which time, if regulations were followed, a performance evaluation was due. The performance evaluation given in this case was given November 8, 1984.
7. If find that the performance standards which tied performance to litigation were of such a nature that it was impossible for claimant to have performed under those standards in the time given. Thomas Bell, who testified on behalf of the employer, admitted that in his first drafts of the evaluation he felt it was inappropriate to rate claimant on litigation. He was later directed to change his evaluation.
8. I find that prior to February 1984 there were no performance standards for commitment to affirmative action and that the rating of affirmative action based on litigation also constituted an abnormal working condition as applied to the complainant.
9. Prior to the performance standards being published in January 1984 there was no performance standard requiring an HRC attorney to litigate any specific number of cases in any one year. Because claimant did not litigate the number of eases required by the later-adopted performance standard, he was severely criticized. Claimant, not knowing this was a performance standard and not having the necessary ease load, was subjected to an abnormal condition of employment.
10. Thomas Bell admitted prior to January 1984 there were no definitions of commitment to affirmative action in any performance standard published by the Human Relations Commission. Nevertheless, claimant was rated by Mr. Bell for the entire performance evaluation period May 1983 through May 1984 based on the standards that went into effect in January 1984.
11. Findings of fact 26a and b are revoked and amended to read that: (a) claimant suffered a reaction to a performance evaluation which was the product of standards which were retroactively applied. This reaction was thus caused by an abnormal working condition.

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Related

Scott v. Workers' Compensation Appeal Board
732 A.2d 29 (Commonwealth Court of Pennsylvania, 1999)
Selkow v. Workmen's Compensation Appeal Board
662 A.2d 31 (Commonwealth Court of Pennsylvania, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
655 A.2d 1055, 1994 Pa. Commw. LEXIS 707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pennsylvania-human-relations-commission-v-workmens-compensation-appeal-pacommwct-1994.