Rocco v. Workers' Compensation Appeal Board

725 A.2d 239, 1999 Pa. Commw. LEXIS 89
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 24, 1999
StatusPublished
Cited by9 cases

This text of 725 A.2d 239 (Rocco v. Workers' 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
Rocco v. Workers' Compensation Appeal Board, 725 A.2d 239, 1999 Pa. Commw. LEXIS 89 (Pa. Ct. App. 1999).

Opinions

KELLEY, Judge.

Before this court is the appeal of V. James Rocco (claimant) from an order of the Workers’ Compensation Appeal Board (board) which reversed the decision of a workers’ compensation judge (WCJ) awarding claimant temporary total disability benefits; a motion to quash claimant’s appeal; and claimant’s request to clarify and amend improvidently filed notice of appeal. We deny the motion to quash, grant claimant’s request to clarify and amend, and affirm the board’s determination on the merits.

On January 25,1993, claimant filed a claim petition for workers’ compensation benefits in which he alleged that he sustained a work-related back injury on October 2, 1992 while in the employ of Parkside Realty Construction (Parkside). Parkside, through its insurance carrier, the State Workmen’s Insurance Fund (SWIF), filed an answer denying the allegations in ■ claimant’s claim petition and asserting that claimant’s claim is barred by Section 315 of the Workers Compensation Act (Act).1 On January 24, 1994, Parkside and SWIF filed a petition for joinder of additional respondent, the PMA Insurance [241]*241Group (PMA), alleging that claimant’s disability, if any, was directly related to a preexisting work-related condition and/or recurrence of a pre-existing condition sustained by claimant while Parkside was insured by the PMA. PMA filed an answer denying the allegations of the petition for joinder. Hearings before a WCJ then ensued.

In support of his claim petition, claimant testified and presented the deposition testimony of his treating physician, J. Roberto Vergara, M.D., board-certified in internal medicine; Louis Quintiliani, controller for Parkside in 1992; and Roland D. Maroney, former controller for Parkside. In opposition to claimant’s petition, Parkside and SWIF presented the deposition testimony of Peter A. Cognetti, M.D., a board-certified family practitioner; and Cindy McCullum, former executive assistant to the presidents of Parkside. PMA presented the deposition testimony of Jeffrey Mogerman, M.D., board-certified in orthopedic surgery.

On the basis of the evidence presented, the WCJ found that claimant sustained a work injury on June 16, 1992 and a recurrence thereof on October 2, 1992. The WCJ further found that Parkside and SWIF received notice of claimant’s June 16, 1992 work injury within the three-year period prescribed by Section 315 of the Act and that claimant’s salary was $14,300 per month. The WCJ found that claimant’s ongoing disability after February 1,1995 was not related to his work injury. On the basis of these findings, the WCJ granted the joinder petition and directed Parkside and PMA to pay claimant temporary total disability benefits of $455 per week for the closed period between October 2,1992 and January 31,1995.

Parkside and PMA appealed the WCJ’s decision to the board arguing that the evidence did not support the WCJ’s finding that claimant had sustained a work-related injury or that claimant’s salary was $14,300 per month. Parkside and PMA also argued that claimant’s claim was time barred by Section 315 of the Act because claimant never filed a claim petition against PMA. Claimant also appealed arguing that the WCJ’s finding that claimant’s work-related disability ceased as of February 1, 1995 was not supported by evidence in the record.

On appeal, the board examined the issue of whether the WCJ’s finding that claimant had sustained a work-related injury was supported by the evidence. The board found the testimony of claimant’s medical expert, Dr. Vergara, to be equivocal and insufficient to support the WCJ’s finding that claimant sustained a work injury on June 16, 1992 and a recurrence thereof on October 2, 1992. On this basis, the board reversed the award of the WCJ by order dated June 22, 1998.2

On July 13,1998, claimant filed a “notice of appeal” with this court.3 On August 14, 1998, Parkside and PMA filed a motion to quash claimant’s appeal pursuant to Pa. R.A.P. 1972(5)4 and Pa. R.A.P. 1972(7)5 on the basis that claimant failed to preserve any issues for the court to review by failing to state any grounds for objecting to the order issued by the board, by failing to provide a basis for jurisdiction, and by not including a statement concerning the relief sought. On August 17, 1998, claimant filed a request to clarify and amend the improvidently filed notice of appeal pursuant to Pa. R.A.P. 1503.6

[242]*242Respondent’s motion to quash and claimant’s request to clarify and amend together with the merits of claimant’s appeal are presently before this court for disposition.7 The following issues have been presented for our review:

1. Whether an improvidently filed notice of appeal should be quashed where the document, although timely filed, fails to conform with the requisite elements of a petition for review?
' 2. Whether the board erred in determining that the decision of the WCJ was not supported by substantial competent evidence?

Parkside and PMA contend that claimant’s appeal should be quashed because claimant has failed to preserve any issues for this court’s review pursuant to Pennsylvania Rules of Appellate Procedure. We disagree.

Rule 1502 of the Pennsylvania Rules of Appellate Procedure provides that a petition for review is the exclusive procedure for judicial review of a determination of a government unit. A petition for review must be filed within 30 days following the entry of an order and must contain a statement of jurisdiction of the court; the names of the parties seeking review; the name of the government unit which made the determination sought to be reviewed; reference to the order or other determination sought to be reviewed; a general statement of the objections to the order or other determination; and a short statement of the relief sought. Pa. R.A.P. 1512; Pa. R.A.P. 1513.

If, however, an “appeal” is taken from an order of a government unit, Rule 1503 provides that “this alone shall not be a ground for dismissal, but the papers whereon the improvident matter was commenced shall be regarded and acted upon as a petition for review of such governmental determination and as if filed at the time the improvident matter was commenced.” Pa. R.A.P. 1503. Rule 1503 further provides that in such situations the “court may require that the papers be clarified by amendment.” Id. Rule 1503 is patterned after Section 708 of the Judicial Code, 42 Pa.C.S. § 708, which provides as a general rule that “[n]o objection to a governmental determination shall be defeated by reason of error in the form of the objec-tion_”

In Shovel Transfer & Storage, Inc. v. Pennsylvania Liquor Control Board, 547 Pa. 210, 689 A.2d 910 (1997), the Supreme Court considered the issue of whether the dismissal of an appeal for failure to preserve any issues for appeal was erroneous where the appellant erroneously filed a notice of appeal with the Board of Claims which did not have jurisdiction over the matter. The appeal was transferred to the Commonwealth Court pursuant to Section 5103 of the Judicial Code, 42 Pa.C.S. § 5103.8 Although the notice of appeal was treated as a timely petition for review pursuant to Pa. R.A.P.

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Rocco v. Workers' Compensation Appeal Board
725 A.2d 239 (Commonwealth Court of Pennsylvania, 1999)

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Bluebook (online)
725 A.2d 239, 1999 Pa. Commw. LEXIS 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rocco-v-workers-compensation-appeal-board-pacommwct-1999.