Staroschuck v. Workmen's Compensation Appeal Board

621 A.2d 1173, 153 Pa. Commw. 523, 1993 Pa. Commw. LEXIS 100
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 18, 1993
StatusPublished
Cited by6 cases

This text of 621 A.2d 1173 (Staroschuck 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
Staroschuck v. Workmen's Compensation Appeal Board, 621 A.2d 1173, 153 Pa. Commw. 523, 1993 Pa. Commw. LEXIS 100 (Pa. Ct. App. 1993).

Opinion

DOYLE, Judge.

This is an appeal by Katherine Anne Staroschuck, (Claimant) from an order of the Workmen’s Compensation Appeal Board (Board) which affirmed a referee’s decision denying Claimant’s review petition.

Claimant, while lifting a box, strained her lower back on January 29,1979, in the course of employment. Midland Ross *525 Corp. (Employer) 1 issued a Notice of Compensation Payable on July 20, 1979, indicating that Claimant was disabled as of April 1, 1979. Pursuant to The Pennsylvania Workmen’s Compensation Act, 2 Claimant began receiving total disability compensation on April 8, 1979. A Final Receipt of Compensation dated July 23, 1979, indicates that Claimant was able to return to work without loss of earning power. A supplemental agreement dated December 2, 1982 indicates that Claimant’s disability recurred on May 20, 1982.

Claimant was treated for her initial back injury by Dr. Thomas Cowan, who diagnosed Claimant’s injury as a ruptured disc. Following her return to work, Claimant began experiencing increasingly severe pain starting in May of 1982 and when noninvasive treatment failed, Dr. Cowan performed a laminectomy, the removal of a vertebra, upon Claimant on June 1, 1982. Noting Claimant’s anxiety and depression, Dr. Cowan referred Claimant to her family physician, who in turn referred her to Dr. Harry Wrobeleski, a psychiatrist. Dr. Wrobeleski first met Claimant on April 8, 1983, and after a series of interviews, diagnosed Claimant as having a generalized anxiety disorder. Dr. Wrobeleski prescribed an antidepressant for the anxiety disorder and treated Claimant in outpatient therapy from April 8, 1983, to July 31, 1985, approximately once a week. Claimant discontinued treatment with Dr. Wrobeleski because she was unable to pay his bills herself and the Employer refused to pay them.

On June 14, 1985, Claimant filed a review petition alleging that Employer had not met its commitment to pay for Claimant’s psychotherapy. Employer’s answer, dated January 13, 1986, denied that the therapy was causally related to Claimant’s work-related injury and, further, denied that Employer had made any commitment to pay for the therapy. After a hearing and depositions, referee Robert J. Steiner, by Order of August 31, 1987, dismissed Claimant’s review petition. The referee found that Claimant failed to carry her burden of *526 proof in establishing the causal connection between the psychotherapy and the back injury sustained in the course of employment. Claimant appealed to the Board. By Opinion and Order of November 23, 1988, the Board remanded the case to the referee because the Board read the referee’s opinion as placing the burden of proof upon Claimant to establish the reasonableness of the medical bills, rather than on Employer to show that the medical costs were unnecessary or unreasonable.

On remand, Claimant again deposed Dr. Wrobeleski attempting to establish the causal connection between her psychological condition and her work injury. In addition, on April 29, 1987, Claimant filed a Petition for Penalties alleging that since July 2, 1986, her compensation checks were arriving late. This issue was also considered by the referee at the remand hearing. The referee dismissed Claimant’s review petition because Claimant again failed to overcome her burden of proof to establish the causal connection between her therapy treatment and her work-related injury. The referee found the testimony of Dr. Wrobeleski, which now unequivocally-stated thát Claimant’s condition was precipitated by her work injury, contradicted Dr. Wrobeleski’s previous testimony, and the referee thus ■ rejected the new testimony.

Further, the referee denied Claimant’s penalty petition because Claimant failed to meet her burden of proving that Employer was at fault for sending benefits checks late. The referee found that the checks were mailed in a timely fashion and that any delay was due to the fault of the United States Post Office, not the Employer’s claim administrator. Claimant appealed and the Board, by Opinion and Order dated April 30, 1992, affirmed the referee’s decision on both issues. Claimant has appealed from the Board’s decision to this Court.

The first issue for review is whether the Board and referee erred in concluding that the expert medical testimony given by Claimant’s treating psychiatrist was equivocal and did not constitute sufficient competent evidence that Claimant’s psychotherapy treatment was causally related to her work-related injury of January 29, 1979. Where the causal *527 connection between the employment incident and the injury is not obvious, proving the causal connection through unequivocal testimony is the claimant’s burden. Buczynski v. Workmen’s Compensation Appeal Board (Richardson-Vicks, Inc.), 133 Pa.Commonwealth Ct. 532, 576 A.2d 421 (1990). Psychiatric injuries are compensable, but, due to the subjective nature of psychiatric injuries, the injury and its cause must be adequately pinpointed. Thomas v. Workmen’s Compensation Appeal Board (Atlantic Refining Co.), 55 Pa.Commonwealth Ct. 449, 423 A.2d 784 (1980). The Claimant argues that her expert’s testimony, read as a whole, met that burden.

Although issues of credibility and evidentiary weight are to be determined solely by the referee, who may accept or reject the testimony of any witness, in whole or in part, the determination that certain medical testimony is equivocal is a conclusion of law and is thus fully reviewable. Lewis v. Workmen’s Compensation Appeal Board (Pittsburgh Board of Education), 508 Pa. 360, 498 A.2d 800 (1985). Referee Steiner, in an excellent opinion, clearly enumerated both his duty and his reason for finding Claimant’s expert testimony equivocal. Finding of Fact No. 11 of the referee’s decision on remanded review states in pertinent part, that:

Although your referee is not required to accept uncontradicted testimony as credible, where the party with the burden of proof is the only party to present medical evidence,[ 3 ] the referee must explain the reason for rejecting the uncontradicted medical evidence. As referred to in the previous finding of fact, your referee must reject the testimony of Dr. Wrobeleski as given in the November 13, 1989, deposition as being contradictory and inconsistent with his prior deposition testimony given on June 18,1986, and notes that once the claimant was given “the second bite of the apple” by the Workmen’s Compensation Appeal Board Or *528 der of November 23, 1988, Dr. Wrobeleski only then gave the necessary medical opinion of causal relationship which your referee must reject as credible due to its inconsistency with the prior testimony....

A close reading of Dr. Wrobeleski’s testimony confirms the referee’s analysis. In the June 18, 1986, deposition Dr.

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621 A.2d 1173, 153 Pa. Commw. 523, 1993 Pa. Commw. LEXIS 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/staroschuck-v-workmens-compensation-appeal-board-pacommwct-1993.