Pitkavish v. Workmen's Compensation Appeal Board

640 A.2d 494, 163 Pa. Commw. 185, 1994 Pa. Commw. LEXIS 161
CourtCommonwealth Court of Pennsylvania
DecidedApril 5, 1994
StatusPublished
Cited by2 cases

This text of 640 A.2d 494 (Pitkavish 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
Pitkavish v. Workmen's Compensation Appeal Board, 640 A.2d 494, 163 Pa. Commw. 185, 1994 Pa. Commw. LEXIS 161 (Pa. Ct. App. 1994).

Opinion

LORD, Senior Judge.

James Pitkavish petitions this Court for review of a Workmen’s Compensation Appeal Board (Board) order affirming the referee’s decision to dismiss his penalties petition as well as employer Pullman Standard’s review petition.1

Pitkavish suffered a neck injury on January 16, 1980 while in the course of his employment with Pullman Standard (Pullman). A notice of compensation payable was filed on February 4, 1980. On May 28, 1990, Pullman filed a review petition alleging that it was not responsible for payment of a $165.00 psychotherapy bill Pitkavish submitted to it because there was no causal connection between the treatment and Pitkavish’s work-related injury. On May 29, 1990, Pit-kavish filed a petition for penalties and counsel fees alleging that Pullman failed to pay the outstanding bill although he had provided it with a doctor’s report establishing a causal connection. The referee consolidated the petitions. He dismissed Pullman’s review petition except to the extent that he awarded payment for Pitkavish’s psychotherapy treatment. He also dismissed Pitkavish’s penalties petition, deciding that there was a reasonable basis for the contest.

Pitkavish first argues that the referee erred in permitting Pullman to “unilaterally suspend and contest” payment of his medical bills2 where he provided it with medical evidence that the treatment was connected to his work injury, and where Pullman did not investigate pursuant to Section 406.1 of the Act,3 77 P.S. § 717.1, whether those bills were connected to his work injury.

As evidence that his psychotherapy treatment was related to his work injury, Pitkavish provided Pullman with a March 13, 1990 initial intake report completed by Joe Acklin, M.A., M.S.W., of the Center for Behavioral Medicine. Mr. Acklin’s report stated in pertinent part that “Mr. Pitkavish appears to be exhibiting symptoms of a Major Depression. The onset of this depression indicates a direct link with his injury at work.” Pitkavish maintains that this report, together with the $165.00 bill from the Center for Behavioral Medicine, was sent to Pullman’s insurance carrier in March or April of 1990 and, consequently, Pullman should have paid the bill. Pitkavish admits, however, that “[t]he exact date upon which the insurance carrier received this bill and the exact information which the insurance carrier had in its possession at that time are unclear.” (Petitioner’s brief, p. 5)

Pitkavish also points out that a June 19, 1990 report completed by Dr. Zafar I. Chow-dhry was sent to Pullman’s insurance carrier as evidence that Pitkavish needed psychotherapy treatment. Dr. Chowdhry’s report stated:

Mr. Pitkavish has been under my treatment for quite a while. When last seen he was complaining of severe headaches, neck pain and chronic pain syndrome. He was given a prescription for Fiorinol III to be used prn for the headaches. At that time he was also advised to see Dr. Hauber for supportive psychotherapy as I think he would benefit from this treatment. If any further information is needed to clarify the needed [sic] for the psychotherapy, please don’t hesitate to contact my office. Thank you.

[496]*496Both Dr. Chowdhry’s and Mr. Aeklin’s reports were introduced into evidence before the referee — Dr. Chowdhry’s report was introduced as Claimant’s Exhibit No. 7 on July 25, 1990 and Mr. Acklin’s report was introduced as Claimant’s Exhibit No. 3 on November 9, 1990.

As well, at the November 9, 1990 hearing, Pitkavish submitted an October 24, 1990 report completed by Dr. Louis K. Hauber. In his report, Dr. Hauber said in relevant part that he felt “with a reasonable degree of medical certainty that Mr. Pitkavish’s depression is certainly related to his work injury and the subsequent disability.”

Therefore, Pitkavish asserts, at the very latest Pullman should have paid his psychotherapy expenses as of November 9, 1990, based on the three reports it undoubtedly had in its possession at that time. Pitkavish also claims that the September 10, 1990 report by Dr. Robert Durning, Pullman’s medical expert, is of no moment since Dr. Dum-ing’s conclusion that Pitkavish was not in need of psychotherapy treatment related back to his examination of him in October of 1989, before psychotherapy treatment was recommended by Pitkavish’s experts. Pit-kavish also stresses that Dr. Durning’s report does not address the issue of causation.

In support of his argument that Pullman should have paid his psychotherapy expenses before the referee’s order to that effect, Pit-kavish maintains:

The claimant in a workers’ compensation case does not have a burden and is not required to retain counsel and commence litigation to establish the causal relationship between a claimed medical expense and a work injury, where there is no obvious causal 'relationship between the two. The Claimant submits that the Workmen’s Compensation Act places a burden on the Employer to promptly investigate the' causal relationship between a claimant’s medical expense and the claimant’s work injuiy, once the claimant has provided some evidence that a challenged medical expense is related to claimant’s work injury. In this case, the Claimant presented several medical reports to the Employer. Each establishing that Claimant’s psychotherapy expenses were related to his work injury, yet the Employer failed to pay those medical expenses without any contrary medical evidence to support its decision. Although the precise time at which the Employer had possession of the Claimant’s medical reports is unclear. Certainly by November of 1990, the Claimant had presented such evidence, and still the employer refused to pay those expenses despite its failure to produce medical evidence to contradict the causal relationship between the expenses and the work injury.

(Petitioner’s brief, pp. 12-13)

According to Pitkavish, under Section 406.1 of the Act, Pullman was required to promptly investigate his injury and promptly pay his claimed medical expenses for psychotherapy treatment.4 We agree with Pullman, however, that this section of the Act is not applicable here, where a notice of compensation payable was effectuated in 1980 and where Pitkavish is requesting payment of expenses for medical treatment that is not obviously related to his work injury. Furthermore, Pitkavish claims that, pursuant to Section 306(f)(ii) of the Act, 77 P.S. § 531(2)(ii), Pullman was required to pay his medical expenses during the pendency of its review petition. We remain unconvinced that this argument has merit where, as Pullman urges, the question is one of causal connection between the treatment giving rise [497]*497to the medical expenses and the work injury, and is not a matter “of the necessity or frequency of treatment or reasonableness of fees for services provided by a physician or other duly licensed practitioner of the healing arts.”5

In Hilton Hotel Corporation v. Workmen’s Compensation Appeal Board (Totin), 102 Pa.Commonwealth Ct. 528, 518 A.2d 1316 (1986), we were confronted with a case in which a claimant who had suffered a work-related back injury wished her employer to pay medical bills arising out of treatment for her depression. We said:

Where ...

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Bluebook (online)
640 A.2d 494, 163 Pa. Commw. 185, 1994 Pa. Commw. LEXIS 161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitkavish-v-workmens-compensation-appeal-board-pacommwct-1994.