Trumbull v. Workmen's Compensation Appeal Board

683 A.2d 342, 1996 Pa. Commw. LEXIS 397
CourtCommonwealth Court of Pennsylvania
DecidedSeptember 24, 1996
StatusPublished
Cited by21 cases

This text of 683 A.2d 342 (Trumbull 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
Trumbull v. Workmen's Compensation Appeal Board, 683 A.2d 342, 1996 Pa. Commw. LEXIS 397 (Pa. Ct. App. 1996).

Opinion

DOYLE, Judge.

Van Allan Trumbull (Claimant) appeals an order of the Workmen’s Compensation Appeal Board which reversed a referee’s1 order granting Claimant’s reinstatement petition.

The facts are as follows. Claimant was employed as an underground coal miner by the Helen Mining Company (Employer) on March 27, 1990, when he sustained a work-related injury to his left eye for which he received total disability benefits. On November 26, 1990, Claimant returned to his pre-injury position with Employer as a shield operator 2 at his pre-injury wage thereby resulting in his compensation being suspended by a supplemental agreement dated December 30, 1990. By voluntarily executing this agreement, the parties understood that Claimant was still partially disabled, and that Claimant continued to experience double vision affecting approximately twenty-five percent of the vision in his left eye. The referee found that Claimant worked as a shield operator without a loss in wages until January 15, 1993,3 when Employer closed its coal mine and Claimant was laid-off. Since the lay-off, Claimant has not worked at all, although he testified that he has unsuccessfully attempted to obtain employment in many different fields of endeavor.4

On February 24, 1993, Claimant filed a reinstatement petition which was granted by the referee. Employer appealed to the Board which reversed the referee’s decision concluding:

Until recently, we would agree with the [refereej’s position that a Claimant [who] returns to his pre-injury job with some residual disability is entitled to reinstatement of benefits upon a lay off of Claimant by his employer. However, the Pennsylvania Supreme Court has held that an employer is entitled to suspension[5] of a claimant’s benefits when the claimant is capable of returning to his or her time of injury job with residual disability even if the employer has not shown job availability. See Harle v. Workmen’s Compensation Appeal Board (Telegraph Press, Inc.), 540 Pa. 482, [658 A.2d 766 (1995)].

(Board’s Opinion at 4.)

On appeal to this Court, Claimant argues that the Board misinterpreted the holding in Harle and, therefore, the Board’s conclusion to deny the Claimant’s reinstatement of benefits was in error.

[345]*345Generally, a suspension is warranted under the Workers’ Compensation Act where a claimant has a significant residual physical impairment attributable to a work-related injury but is receiving wages equal to, or in excess of, what the claimant had earned in his pre-injury job.6 Diffenderfer v. Workmen’s Compensation Appeal Board (Rabestos Manhatten, Inc.), 651 A.2d 1178 (Pa.Cmwlth.1994), petition for allowance of appeal denied, 540 Pa. 642, 659 A.2d 561 (1995). The rationale underlying this principle is that, while an employer remains hable for the consequences of a work-related injury, there is no longer any “disability,” that is, any loss of wages or loss of earning power, attributable to the work-related injury. Id.

Further, the law is clear that a claimant seeking reinstatement following a suspension of benefits need only establish: (1) that through no fault of his or her own, the claimant’s earning power is again adversely affected by the work-related disability, and (2) that the disability which gave rise to the original claim continues. A claimant does not have to re-establish the causal relationship, ie., job relatedness, of the injury. Pieper v. Ametek-Thermox Instruments Division, 526 Pa. 25, 584 A.2d 301 (1990). And, such a claimant is not required to produce medical evidence to establish continuing disability, but rather, the testimony of the claimant alone is sufficient to support a finding that his or her disability continues. Latta v. Workmen’s Compensation Appeal Board (Latrobe Die Casting Co.), 537 Pa. 223, 642 A.2d 1083 (1994).

Of course, when a claimant is laid off from the employment which formed the basis for the suspension, palpably his or her earning power is adversely affected and, generally, the claimant is entitled to a reinstatement of benefits unless the employer provides available work within the claimant’s physical restrictions, Diffenderfer, or establishes that it is not the claimant’s disability due to the work-related injury which has caused the loss of earnings. Section 413 of the Act states in pertinent part:

[W]here compensation has been suspended because the employe’s earnings are equal to or in excess of his wages prior to the injury that [sic] payments under the agreement or award may be resumed at any time during the period for which compensation for partial disability is payable, unless it be shown that the loss in earnings does not result from the disability due to the injury.

77 P.S. § 772 (emphasis added).

In the instant ease, the Board relied on our Supreme Court’s decision in Harle to deny claimant’s reinstatement petition. In that case, our Supreme Court addressed a situation where a claimant who worked as a pressman was injured on October 12, 1987.7 He was initially released by his treating physician to return to light-duty work on March 28, 1988, and then subsequently released to return to full duty with no restrictions on April 22, 1988. However, the employer in Harle went out of business in February of 1988, before the claimant was cleared to return to work, and, therefore, there was no job, either light duty or otherwise, to which the claimant could return. The employer’s insurance carrier then filed a termination petition in August of 1988. Shortly thereafter, the claimant found employment on his own as a pressman, but at wages which were lower than his time-of-injury wages. The claimant, therefore, was performing his same job as a pressman, without restriction, but with a new employer albeit at a lower wage. This discrepancy between Claimant’s time-of-injury wage and his present wage was due to economic conditions, i.e., the lay-off, and not due to his work-related injury, and therefore, [346]*346the Workers’ Compensation Judge (WCJ) granted employer’s petition. The Board affirmed. This Court, however, reversed the grant of the termination petition and remanded to the Board to determine the amount of partial disability benefits because: (1) the claimant had a demonstrable continuing medical disability8 and, thus, a suspension was warranted, and (2) because the employer failed to establish any appropriate available work, the claimant was entitled to partial disability benefits, which would be two-thirds of the difference between claimant’s time-of-injury wages and his then current wage.

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Bluebook (online)
683 A.2d 342, 1996 Pa. Commw. LEXIS 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trumbull-v-workmens-compensation-appeal-board-pacommwct-1996.