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B. Jorgenson v. WCAB (PNC Financial Services Group, Inc.)
B. Jorgenson v. WCAB (PNC Financial Services Group, Inc.) - 1345 C.D. 2016
| Pa. Commw. Ct. | May 17, 2017
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Background

  • Claimant Billi Jorgenson, a full‑time healthcare business banker, suffered two non‑work horse‑related concussions in April 2013 and was released to full duty July 3, 2013.
  • On July 21–22, 2013 Claimant rode in a barrel race and the next day experienced severe recurrent post‑concussive symptoms at work and has not returned to work since July 22, 2013.
  • Claimant filed a workers’ compensation petition alleging work‑related aggravation/reactivation of post‑concussion syndrome and related vestibular, visual, cognitive, and depressive conditions, claiming total disability from July 22, 2013.
  • Treating physician Dr. Bohn sometimes attributed Claimant’s ongoing disability to workplace pressures and sometimes to the July 21 horse event; his opinions varied across reports and depositions.
  • Employer’s expert Dr. Kasdan opined Claimant’s ongoing symptoms were caused by the July 21 barrel race and that employment did not cause or aggravate the concussion syndrome.
  • The WCJ found Dr. Kasdan credible, rejected portions of Dr. Bohn’s opinions as inconsistent, denied the petition, and the Board affirmed; Claimant appealed and this Court affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the WCJ erred by weighing non‑work factors against work factors instead of considering the record as a whole Jorgenson: WCJ impermissibly picked between non‑work and work causes rather than recognizing both contributed; uncontradicted medical testimony established work contribution Employer: WCJ properly assessed credibility and weighed conflicting medical opinions; Employer not required to present evidence but did and persuasively challenged causation Court: WCJ did not err—credibility and weight determinations are for the WCJ; she considered the record and reasonably rejected parts of treating physician’s testimony
Whether WCJ’s conclusion is supported by substantial, competent evidence Jorgenson: Reading medical testimony as a whole shows combined causation; WCJ unlawfully ignored combined effect Employer: Substantial evidence (Dr. Kasdan) supports finding that the barrel race, not work, caused exacerbation; appellate court may not reweigh evidence Court: Affirmed—Dr. Kasdan’s testimony is substantial competent evidence supporting WCJ’s findings; appellate court defers to WCJ credibility determinations

Key Cases Cited

  • Bonegre v. Workers’ Comp. Appeal Bd. (Bertolini’s), 863 A.2d 68 (Pa. Cmwlth. 2004) (claimant bears burden to prove work injury and resulting disability)
  • Boddie v. Workers’ Comp. Appeal Bd. (Crown Distribution Ctr.), 125 A.3d 84 (Pa. Cmwlth. 2015) (unequivocal medical evidence required when causal connection is not obvious)
  • Hutz v. Workers’ Comp. Appeal Bd. (City of Phila.), 147 A.3d 35 (Pa. Cmwlth. 2016) (medical testimony must be read as a whole; do not take phrases out of context)
  • Sell v. Workers’ Comp. Appeal Bd. (LNP Eng’g), 771 A.2d 1246 (Pa. 2001) (appellate court may not reweigh credibility or evidence)
  • Minicozzi v. Workers’ Comp. Appeal Bd. (Indus. Metal Plating, Inc.), 873 A.2d 25 (Pa. Cmwlth. 2005) (critical inquiry is whether record supports findings made, not whether it supports other findings)
  • Lahr Mech. v. Workers’ Comp. Appeal Bd. (Floyd), 933 A.2d 1095 (Pa. Cmwlth. 2007) (substantial evidence review requires viewing evidence favorably to prevailing party)
  • Waldameer Park, Inc. v. Workers’ Comp. Appeal Bd. (Morrison), 819 A.2d 164 (Pa. Cmwlth. 2003) (inferences drawn in favor of factfinder when performing substantial evidence analysis)
Read the full case

Case Details

Case Name: B. Jorgenson v. WCAB (PNC Financial Services Group, Inc.)
Court Name: Commonwealth Court of Pennsylvania
Date Published: May 17, 2017
Docket Number: B. Jorgenson v. WCAB (PNC Financial Services Group, Inc.) - 1345 C.D. 2016
Court Abbreviation: Pa. Commw. Ct.