Supinski v. Workmen's Compensation Appeal Board

577 A.2d 944, 133 Pa. Commw. 631, 1990 Pa. Commw. LEXIS 363
CourtCommonwealth Court of Pennsylvania
DecidedJuly 10, 1990
Docket124 C.D. 1989
StatusPublished
Cited by9 cases

This text of 577 A.2d 944 (Supinski 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
Supinski v. Workmen's Compensation Appeal Board, 577 A.2d 944, 133 Pa. Commw. 631, 1990 Pa. Commw. LEXIS 363 (Pa. Ct. App. 1990).

Opinion

COLINS, Judge.

Marcella Supinski (claimant) petitions for review of an order of the Workmen’s Compensation Appeal Board (Board), which reversed the referee’s decision and denied claimant benefits. We affirm.

Claimant was employed by the School District of Philadelphia (School District or employer) beginning in September, 1972, as a special education teacher. At that time she had earned a B.S. degree in special education; and in 1977, she received a Master’s degree in education and special education. She continued to teach special education for the School District until October 16, 1980, when she resigned because she was unable to handle the increasing stress in the classroom. Following her resignation, claimant was briefly employed by the John Wanamaker department store and the Camden Catholic School District.

In March, 1982, claimant began seeing Richard Cohen, Ph.D., a clinical psychologist, who diagnosed her condition as paranoid schizophrenia and reached the opinion in July, 1982, that her condition was causally related to her employment. Claimant filed for workmen’s compensation benefits on October 4, 1982, alleging psychiatric injury and claiming disability beginning October 16, 1980 to the present.

The referee issued a decision granting benefits to claimant beginning October 10, 1982, plus interest, medical fees and expenses, and attorney fees. Both parties appealed, claimant maintaining that she was entitled to compensation for total disability beginning October 16, 1980, and employer arguing that the referee erred by finding that claimant suffered a compensable injury and that claimant gave employer timely notice of her injury. The Board reversed the referee concluding that claimant failed to sustain her burden of proof and declined to address the notice issue.

*634 In her Petition for Review, claimant raises the following issues: (1) whether her transfer to another school within the School District in September, 1979, changed her responsibilities and working conditions, causing her to become a paranoid schizophrenic and resulting in her total disability; (2) whether the Board erred in concluding that claimant had a subjective reaction to normal working conditions; (3) whether the Board erred in concluding that there was not sufficient evidence to demonstrate abnormal working conditions; and, (4) whether claimant’s medical experts conclusively established that claimant’s symptoms were caused by the classroom circumstances. In addition, employer raises the issue of whether claimant provided it with timely notice of her work-related disability. 1

The Pennsylvania Supreme Court granted allocatur and consolidated for argument two of this Court’s unreported opinions 2 to address and resolve the issue of the proper standard to be applied to mental disability claims in workmen’s compensation cases. In Martin v. Ketchum, Inc., 523 Pa. 509, 568 A.2d 159 (1990), the court upheld the standard previously set forth by this Court that in order to recover workmen’s compensation benefits for a psychiatric injury, a claimant must prove by objective evidence that she has suffered a psychiatric injury and that such injury is due to abnormal working conditions and is not merely her subjective reaction to normal working conditions. See, e.g., Russella v. Workmen’s Compensation Appeal Board (National Foam Systems, Inc.), 91 Pa. Commonwealth Ct. 471, 497 A.2d 290 (1985), petition for allowance of appeal denied, 516 Pa. 637, 533 A.2d 95 (1987). The Martin court agreed with this Court’s analysis in Russella as follows:

*635 A claimant must produce objective evidence which is corroborative of his subjective description of the working conditions alleged to have caused the psychiatric injury. Because psychiatric injuries are by nature subjective, we believe that if a claimant has met his burden of proving the existence of a psychiatric injury, he cannot rely solely upon his own account of working environment to sustain his burden of proving that the injury was not caused by a subjective reaction to normal working conditions. A claimant’s burden of proof to recover workmen’s compensation benefits for a psychiatric injury is therefore twofold; he must prove by objective evidence that he has suffered a psychiatric injury and he must prove that such injury is other than a subjective reaction to normal working conditions.

Martin, 523 Pa. at 519, 568 A.2d at 164-65 (quoting Russella, 91 Pa. Commonwealth Ct. at 475-76, 497 A.2d at 292). We conclude there is substantial evidence of record to support a finding that claimant suffered a psychiatric disorder. However, causation presents a more difficult question.

Claimant maintains that her transfer to the Harrison School in 1979 involved a change in duties, which was sufficient to establish causation and cites Leo v. Workmen’s Compensation Appeal Board (Borough of Charleroi), 114 Pa.Commonwealth Ct. 6, 537 A.2d 399 (1988) and Bevilacqua v. Workmen’s Compensation Appeal Board (J. Bevilacqua Sons, Inc.), 82 Pa.Commonwealth Ct. 511, 475 A.2d 959 (1984), in support thereof. We must disagree.

Claimant testified that for the period 1972 to 1979, she taught at three different elementary schools within the School District: Leidy, Clymer and Lingelbach. At Leidy, her students were “low functioning, retarded, trainable children.” Upon her transfer to Clymer, she taught “severely and profoundly impaired children and the physically handicapped.” At Lingelbach, claimant taught “low functioning, retarded, trainable children.” She described low functioning, retarded, trainable children as having low men *636 tal ability, as being docile, tractable children and as being very cooperative.

In the fall of 1979 claimant was transferred to the Harrison School, where she taught learning disabled children. She described learning disabled children as having basically normal I.Q.’s and as higher functioning than retarded, trainable children. Claimant testified that at Harrison, practically every day, the students were very aggressive and combative, refusing to cooperate or do their work. “They would melt crayons on the radiator. They were throwing desks and chairs around. They were constantly fighting. One boy kicked me in the shins a few times. Another boy hit a boy with a baseball bat.” She stated that there were ten children in her classroom, and that she had a classroom aide, whose responsibilities were to take the more cooperative children and work with them. Claimant testified that she began not sleeping well at night and not communicating at home with her parents.

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577 A.2d 944, 133 Pa. Commw. 631, 1990 Pa. Commw. LEXIS 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/supinski-v-workmens-compensation-appeal-board-pacommwct-1990.