Scher v. Workers' Compensation Appeal Board

740 A.2d 741, 1999 Pa. Commw. LEXIS 728
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 23, 1999
StatusPublished
Cited by4 cases

This text of 740 A.2d 741 (Scher 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
Scher v. Workers' Compensation Appeal Board, 740 A.2d 741, 1999 Pa. Commw. LEXIS 728 (Pa. Ct. App. 1999).

Opinions

MIRARCHI, Jr., Senior Judge.

Joel Scher (Claimant) petitions this Court to review an order of the Workers’ Compensation Appeal Board (Board) reversing a decision entered by a workers’ compensation judge (WCJ) granting Claimant’s claim petition and awarding counsel fees for an unreasonable contest. The Board concluded that Claimant had failed to meet his burden of proving that he was injured during the course of his employment and, alternatively, that he failed to provide adequate notice of a work injury to his employer. We reverse in part and affirm in part.

Claimant was employed by the City of Philadelphia (Employer) as a court reporter in the Family Court Division of the Court of Common Pleas of Philadelphia County. On June 18, 1989, a Sunday, Claimant was injured while travelling to a typist whom he hired to prepare a transcript that was ordered by the Honorable Frank Jackson and which was to be presented in court the next day. As a result of the injuries received, Claimant alleged that he was totally disabled from performing his duties as a court reporter and, accordingly, filed a claim for workers’ compensation benefits with Employer. Employer denied the material allegations of Claimant’s petition, arguing that Claimant failed to give proper notice to Employer regarding the alleged work-related injury and that Claimant was not working within the course and scope of his employment at the time.

Following a hearing, the WCJ made the following relevant findings of fact:

2. On or about June 12, 1989, the Honorable Frank Jackson ordered Claimant to prepare notes of testimony for presentation to the Court on Monday, June 19,1989.
8. In accordance with his normal practice, Claimant dictated these notes after court hours and delivered them to a .typist in New Jersey to be transcribed.
4. On Sunday, June 18,1989, Claimant, accompanied by his wife and two children, drove to the typist in order to pick up the transcript so that it could be delivered to Judge Jackson the following day. While stopped at a red fight on his way to pick up the transcript, a motor vehicle slammed into the rear of Claimant’s vehicle, causing multiple injuries.
5. The following day, June 19, 1989, Claimant informed Ronnie [Veronica] Sablonsky, an administrator with Court Operations, that he was injured in a car accident while travelling to his typist’s residence to pick up a transcript.
Claimant promptly sought medical attention, initially by Geoffrey Temple, M.D., and later by a number of other physician[s].
6. Claimant presented the testimony of Dr. Mark Avart, who diagnosed [a number of disorders and injuries not in dispute herein]. Dr. Avart concluded that as a result of these injuries, Claimant was permanently disabled from returning to his employment as a court reporter. Dr. Avart further asserted that Claimant’s disability was directly related to the automobile collision of June 18,1989.
7. The Judge has considered the testimony of Dr. Avart and finds it to be credible. The Judge notes that the City did not present any medical testimony.
8. The Judge finds that with respect to the preparation of deposition [sic] transcripts, Claimant was not acting as an independent contractor; the City had the right to control, and indeed did control, Claimant’s activities with respect to the preparation of deposition [sic] transcripts and set standards which must be met by court [744]*744reporters with respect to the preparation of transcripts.
9. Judge David Lawrence 1, Chief Deputy Court Administrator for the Philadelphia Court of Common Pleas, testified that the City would not accept a court reporter for employment unless the court reporter was willing to prepare transcripts as a result of notes taken in the courtroom. Mr. Lawrence also noted that the City sets forth certain requirements which a court reporter must meet in the generation of transcripts, including the time limit for preparation following the date of order, the amount which can be charged for the transcripts, the number of lines per page of transcript, the dimensions of the margins in the transcript, the type of paper upon which the transcript can be submitted, and other matters.
Mr. Lawrence further testified that court reporters are not permitted to deviate from the standards, and those that do are subjected to discipline by Court Administration.
This Judge accepts the testimony of Mr. Lawrence.
10. The Judge notes that Claimant was driving to a typist to pick up a transcript which he had been ordered to produce to a Court of Common Pleas judge the following day.
11. In finding that Claimant’s activities on June 18, 1989 were within the course "and scope of his employment with the City, the Judge notes that Court Administration granted court reporters wide latitude in the methods by which they could produce transcripts for presentation to judges. An important part of the court reporter’s job profile is deciding for himself/herself the best method of producing requested transcripts and then producing those transcripts. According to Robert Gliekstein, a thirty-two year veteran court reporter with the City, the practice of using outside typists was condoned and even encouraged by Court Administration due to the heavy work load imposed upon court reporters by the City.
12.The primary duty of a court reporter was to take notes of testimony in ihe courtroom itself. If the court reporters finished, early in a particular courtroom, they were obligated to call Court Administration, which would then assign the court reporter to a different courtroom for the remainder of the day.
During the normal 9:00 a.m. to 5:00 p.m. work day in which the court reporters would not actually be engaged in the taking bf notes, court reporters were required to perform a number of other tasks, including returning phone calls to attorneys requesting notes, dealing with pro se litigants, dealing with judges, delivering transcripts, filing notes of testimony, and many other activities. These activities were in addition to the reporter’s obligation to prepare transcripts.
18. In 1989, between 25 and 35 court reporters were manual court reporters who used typists to prepare transcripts and the Court Administration was aware of this practice and approved it. .
14. As a result of the combination of a heavy work load and a lack of resources provided to court reporters by the City, court reporters had to work nights and weekends in order to keep up with their work loads. Many court reporters, including Claimant, chose to perform work at home, a practice condoned and encouraged by Court Administration.
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[745]*74516. The Claimant has been disabled from his employment as a court reporter for the City of Philadelphia from June 18, 1989 and continuing therefrom as a direct result of injuries he sustained in the motor vehicle accident which occurred on that date, while Claimant was acting in the course and scope of his employment with the City of Philadelphia.

WCJ’s Decision, pp.

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Scher v. Workers' Compensation Appeal Board
740 A.2d 741 (Commonwealth Court of Pennsylvania, 1999)

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Bluebook (online)
740 A.2d 741, 1999 Pa. Commw. LEXIS 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scher-v-workers-compensation-appeal-board-pacommwct-1999.