Ruhl v. WCAB (Mac-It Parts, Inc.)

611 A.2d 327, 148 Pa. Commw. 294
CourtCommonwealth Court of Pennsylvania
DecidedJune 1, 1992
StatusPublished
Cited by2 cases

This text of 611 A.2d 327 (Ruhl v. WCAB (Mac-It Parts, Inc.)) 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
Ruhl v. WCAB (Mac-It Parts, Inc.), 611 A.2d 327, 148 Pa. Commw. 294 (Pa. Ct. App. 1992).

Opinion

148 Pa. Commonwealth Ct. 294 (1992)
611 A.2d 327

William J. RUHL, Petitioner,
v.
WORKMEN'S COMPENSATION APPEAL BOARD (MAC-IT PARTS, INC.), Respondent.

Commonwealth Court of Pennsylvania.

Submitted January 24, 1992.
Decided June 1, 1992.
Petition for Allowance of Appeal Denied January 13, 1993.

*296 Robert A. Sloan, for petitioner.

Gabriel B. Frank, Jr., for respondent.

Before DOYLE, and FRIEDMAN, JJ., and BARRY, Senior Judge.

FRIEDMAN, Judge.

William J. Ruhl appeals from an order of the Workmen's Compensation Appeal Board (WCAB) affirming the referee's denial of benefits under Section 301(c) of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 411(1). We affirm.

Ruhl was employed by Mac-It Parts, Inc. (Mac-It) as a screw machine operator. He operated the machine while sitting on a stool placed atop a three-foot square platform that was raised approximately twelve inches above the ground. Ruhl testified that on February 29, 1984, he felt a twinge in his right knee as he stepped up onto the platform to work. He then sat down on his stool, crossed his legs and immediately experienced sharp pain in his right knee.

At that time, Ruhl assumed that the pain was merely a result of his preexisting arthritic condition, which had been the source of problems for him in the past. Thus, believing that the pain would eventually disappear on its own, Ruhl continued to work. However, when the pain persisted, Ruhl sought medical attention.

A medical examination by Robert Mathews, M. D., revealed that as a result of the leg-crossing incident at work, Ruhl suffered a torn medial meniscus in his right knee, which Dr. Mathews surgically repaired on March 22, 1984. Ruhl returned to work after three days, although he continued to suffer from right knee problems. On October 2, 1984, Ruhl left work again in anticipation of total knee replacement *297 surgery, which Wayne Conrad, M. D., performed one week later. He has not returned to work since that time.

Following the knee replacement, Ruhl underwent four more surgeries on the knee. On February 8, 1985, Ruhl had an operation to repair the kneecap which split when he fell on some ice. Shortly thereafter, on March 27, 1985, the kneecap refractured and had to be surgically removed. After this operation, Ruhl contracted a staph infection of the area, which was cleaned out in a July 1985 procedure. Finally, on November 19, 1986, all components of Ruhl's artificial knee were removed and he was placed in a long leg brace.

In June 1986, Ruhl filed a claim petition alleging that he was disabled as a result of the February 29, 1984 incident.[1] Following a series of hearings at which both parties presented lay and medical testimony, the referee denied Ruhl's petition. The referee concluded that Ruhl failed to sustain his burden of proving a work-related injury on February 29, 1984 and further, that he failed to prove that his disability, his subsequent surgeries and his present problems were work-related. The WCAB affirmed the denial of benefits and Ruhl appeals.

In a workmen's compensation case, the claimant has the burden of establishing all the elements necessary to support an award. Halaski v. Hilton Hotel, 487 Pa. 313, 409 A.2d 367 (1979). To sustain an award under the act, Ruhl must prove that he suffered a work-related injury and that this injury resulted in his disability.[2]

*298 Thus, on appeal, Ruhl raises two arguments. First, he contends that the referee and WCAB erred in concluding that the February 29, 1984 incident did not constitute a work-related injury within the meaning of the act. Second, Ruhl argues that the referee and WCAB erred in concluding that he failed to prove a causal relationship between the injury and his disability.

Our scope of review is limited to determining whether constitutional rights have been violated, an error of law has been committed and whether all necessary factual findings are supported by substantial evidence. King v. Workmen's Compensation Appeal Board (Wendell H. Stone Co.), 132 Pa.Commonwealth Ct. 292, 572 A.2d 845 (1990).

In reviewing the record, we must also be mindful of the referee's role as ultimate factfinder. It is solely within the province of the referee to make determinations of credibility, and in doing so he may accept or reject any witnesses' testimony in whole or in part, including that of medical witnesses. Northeastern Hospital v. Workmen's Compensation Appeal Board (Turiano), 134 Pa.Commonwealth Ct. 164, 578 A.2d 83 (1990). If findings from testimony accepted by the referee are supported by substantial evidence, then we must accept the findings as conclusive. Hemmler v. Workmen's Compensation Appeal Board (Clarks Summit State Hospital), 131 Pa.Commonwealth Ct. 24, 569 A.2d 395 (1990). Substantial evidence must be such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Workmen's Compensation Appeal Board v. Auto Express, Inc., 21 Pa.Commonwealth Ct. 559, 346 A.2d 829 (1975). In addressing Ruhl's allegations of error, we must remain cognizant of these limitations.

We agree that Ruhl's injury was work-related. There is no dispute that Ruhl suffered a tear of the medial meniscus of his right knee while seated at his work station on February 29, 1984. In addition to Ruhl's own testimony, this history of the incident was confirmed by Ruhl's supervisor and medical *299 experts, Dr. Mathews and Dr. Conrad, and was found credible by the referee. (Referee's Finding of Fact No. 8). Significantly, the testimony of Mac-It's medical expert, Dr. Ellis Friedman, also explicitly acknowledged that this incident was the cause of Ruhl's initial injury. Referring to Dr. Mathews' history of the incident, Dr. Friedman testified:

A Dr. Mathews had determined precisely what had happened to the patient. Very obviously, the patient was sitting, crossed his knee and had immediate pain in the knee.
Q Doctor, do you find that this is the basis for Mr. Ruhl's torn meniscus?
A Absolutely. It is the perfect way to tear it, and it is something that happens so frequently it may be considered by some to be the most common cause of tearing a meniscus, simply crossing the leg and then uncrossing it. As you go from the flexed or crossed position to the extended or straightened position the back part of the meniscus is caught between the femur and the tibia, and it splits or tears.

(R.R. 127).

Although Dr. Friedman clearly agreed that the leg-crossing incident caused the torn meniscus, the referee nevertheless found credible Dr. Friedman's opinion that the incident wherein Ruhl crossed his legs was not work-related. (Referee's Finding of Fact No. 9). Based upon Dr. Friedman's opinion, the referee concluded that Ruhl did not sustain his burden of proving an injury on February 29, 1984 consistent with the act.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

C. Burton v. RSVB Couriers (WCAB)
Commonwealth Court of Pennsylvania, 2022
C. Steiner v. WCAB (Automatic Brewers & Coffee)
Commonwealth Court of Pennsylvania, 2019

Cite This Page — Counsel Stack

Bluebook (online)
611 A.2d 327, 148 Pa. Commw. 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruhl-v-wcab-mac-it-parts-inc-pacommwct-1992.