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, 2017Background
- 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)
