Refiners Transport & Terminal v. Workmen's Compensation Appeal Board

632 A.2d 979, 159 Pa. Commw. 48, 1993 Pa. Commw. LEXIS 663
CourtCommonwealth Court of Pennsylvania
DecidedOctober 12, 1993
DocketNos. 2391 and 2421 C.D. 1992 and 387 C.D. 1993
StatusPublished
Cited by7 cases

This text of 632 A.2d 979 (Refiners Transport & Terminal 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
Refiners Transport & Terminal v. Workmen's Compensation Appeal Board, 632 A.2d 979, 159 Pa. Commw. 48, 1993 Pa. Commw. LEXIS 663 (Pa. Ct. App. 1993).

Opinion

COLINS, Judge.

Robert G. Harris (claimant) was employed as a tanker truck driver for approximately six years by Refiner’s Transport and Terminal (employer). Claimant’s last day of work was August 17, 1989, at which time claimant stopped working because the pain in his back and legs became intolerable. In March, 1990, claimant filed two claim petitions for workmen’s compensation benefits. The first petition, filed against employer and its first insurance carrier, Allstate Insurance Company (Allstate), alleged that claimant was injured on January 3, 1989. The second petition, filed against employer and its second insurance carrier, Reliance Insurance Company (Reliance), alleged that claimant was injured on August 17, 1989.

The referee consolidated the two petitions and decided the matter by issuing one set of fact findings and one decision. Among the referee’s findings of fact are the following:

FINDINGS OF FACT
7. From the testimony of the claimant, which your Referee finds to be credible, your Referee makes the following Findings of Fact:
(a) The claimant had been employed by the Defendant as a tanker truck driver continuously for the past six years.
(b) In January, 1988, the claimant was given a new truck to operate, an R-Model Mack truck.
(c) Almost immediately after receiving the new truck in January, 1988, the claimant noticed a problem with the vehicle’s front suspension system. The truck was rough riding, and caused a bumping, jolting and jarring of the claimant while operating the truck.
[52]*52(d) The claimant reported the problem with the vehicle to his supervisors from February 4,1988 through August 11, 1989. (See Claimant’s Exhibit No. 8). The Defendant’s efforts to correct the suspension problem were not successful.
(e) The claimant worked 10 hours per day and 40 to 45 hours per week. He drove approximately six hours per day, and the balance of his hours were spent loading and unloading the truck.
(f) The defective suspension system resulted in a rough riding truck which jolted, jarred, and bounced the claimant around while he operated said vehicle. During the latter part of January, 1988 and February, 1988, the claimant began to experience pain in his neck and low back.
(g) The claimant was not involved in any specific incident or accident which caused the onset of his pain; rather, it was a daily occurrence, and cumulative from the date he first began to operate the new truck.
(h) The claimant’s pain in his low back and leg gradually worsened; and in January, 1989, it became so severe that he sought medical attention.
(l) The claimant was off work due to back and leg pain for 8 or 10 days in January and February, 1988 [sic].
(m) The claimant returned to work for the defendant in January, 1988 [sic]. He continued to experience pain and discomfort; however, he performed his regular driving duties.
(n) Upon his return to work in January, the claimant drove the same truck with the same bumping, jolting and jarring conditions. The claimant’s back pain and discomfort continued to worsen; and he would stop the truck from time to time and get out, stretch and move around in order to keep going.
[53]*53(o) The claimant continued to operate the same vehicle with the same conditions until August 17, 1989, when he stopped working because he could not longer stand the pain and discomfort while performing his duties as a tractor trailer operator.
(p) On September 1, 1989, the claimant consulted Dr. Scott Martin, a Board Certified Neurosurgeon, at the Geisinger Medical Clinic. Dr. Martin reviewed the claimant’s prior medical records and performed other testing; and on September 22, 1989, he performed a laminectomy and fusion.
8. Counsel for the claimant offered into evidence the medical deposition of Dr. Joseph Scott Martin which was taken on October 8, 1990. Dr. Martin is a Board Certified Neurosurgeon; and he examined and evaluated the claimant on September 1,1989 and thereafter. Dr. Martin reviewed the claimant’s past medical records and diagnostic testing; and in addition, took his own history and performed certain testing. On September 22, 1989, Dr. Martin performed a laminectomy and fusion.
14. From the testimony of Dr. Martin, which your Referee finds to be credible, your Referee makes the following Findings:
(a) The claimant suffered from a herniated nucleus pulposus at L5-S1 on the right side, and spondylolisthesis at the same time.
(b) Dr. Martin’s review of the prior diagnostic test results demonstrated that the disc in the claimant’s low back began to herniate when the claimant first sought medical attention in January, 1989.
(c) Based upon the claimant’s first history and the medical records and diagnostic testing, Dr. Martin opined, and your Referee finds that the claimant’s low back and leg [54]*54pain was caused by the cumulative trauma experienced by the claimant in the jarring, jolting and rough riding truck; and that condition was cumulative and progressive over an extended period of time from 1988 through claimant’s last day of employment on August 17, 1989.
(d) As,of his examination on August 28, 1990, Dr. Martin opined that the claimant could not return to his prior job as a truck driver.
(e) The findings, opinions and conclusions of the doctors corroborate the opinions expressed by Dr. Martin.
15. Your Referee finds as a fact that the claimant’s operation of the vehicle with the defective suspension system from January, 1988 through January, 1989 subjected him to a repetitive trauma which aggravated his low back condition.
16. Your Referee finds as a fact that the claimant’s continued operation of the truck with the defective suspension from January, 1989 through August 17, 1989 continued to subject him to a bumping, jolting and jarring, and caused a repetitive trauma which continued to aggravate the condition of the claimant’s low back.
17. Your Referee finds as a fact that the claimant suffered repetitive trauma which resulted in a cumulative and progressive worsening of his low back condition, from the time he first began operating the Defendant’s vehicle with a defective suspension system in January, 1988, through August 17, 1989.
18. Your Referee specifically finds as a fact that there was no specific incident or time which resulted in an immediate onset of pain; and there was no specific incident or time which could be identified as the incident causing the claimant’s injury. However, the claimant’s continued operation of the truck with the defective suspension system daily aggravated, and each days aggravation contributed to his low back condition, which progressively worsened until he was no longer able to continue working on August 17, 1989.
[55]*5519.

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632 A.2d 979, 159 Pa. Commw. 48, 1993 Pa. Commw. LEXIS 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/refiners-transport-terminal-v-workmens-compensation-appeal-board-pacommwct-1993.