BJ's Wholesale Club v. Workers' Compensation Appeal Board
2012 Pa. Commw. LEXIS 142
| Pa. Commw. Ct. | 2012Background
- Claimant Denise Pearson sustained a June 20, 2008 work injury while employed by BJ's Wholesale Club.
- Employer provided light‑duty work at the same pay after injury.
- Pearson was terminated July 3, 2008 for reporting to work with a blood alcohol level of .108.
- WCJ found Pearson unable to return to pre‑injury duties but able to perform light duty; awarded total disability thereafter.
- Board affirmed the WCJ’s order awarding total disability benefits.
- Court reversed, holding Pearson’s earnings loss was caused by termination for misconduct, not the work injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination for misconduct unrelated to the injury defeats disability benefits. | Pearson was disabled by the injury, regardless of termination. | Loss of earnings due to termination for misconduct precludes disability benefits. | Yes; termination for misconduct defeats disability benefits. |
| Whether there is competent evidence that Pearson’s misconduct was caused by her injury or by intoxication at work. | Evidence shows injury caused disability; alcohol issue may be incidental. | Evidence shows misconduct due to intoxication at work; others argue possible mediation by medications. | No competent evidence linking alcohol level to injury‑related disability; misconduct is the basis for earnings loss. |
| Whether the presence of light-duty work at no pay loss affects entitlement to disability benefits. | Employer accommodated within physical limits; thus disability may remain. | Employer showed termination for misconduct; benefits denied regardless of accommodation. | Employer’s accommodation does not create disability when termination for lack of good faith occurred. |
Key Cases Cited
- Vista International Hotel v. Workmen's Compensation Appeal Board, 560 Pa. 12 (Pa. 1999) (disability denied where earnings loss due to discharge for fault; good faith inquiry)
- Hertz-Penske Truck Leasing Co. v. Workmen's Compensation Appeal Board, 546 Pa. 257 (Pa. 1996) (earnings loss not linked to injury if caused by discharge)
- Coyne v. Workers' Compensation Appeal Board, 942 A.2d 939 (Pa.Cmwlth. 2008) (terminations for misconduct can bar disability benefits)
- Sauer v. Workers' Compensation Appeal Board, 26 A.3d 531 (Pa.Cmwlth. 2011) (loss of earnings due to discharge for fault defeats benefits)
- Virgo v. Workers' Compensation Appeal Board, 890 A.2d 13 (Pa.Cmwlth. 2005) (good faith/ misconduct standard for termination)
- Edwards v. Workers' Compensation Appeal Board, 770 A.2d 805 (Pa.Cmwlth. 2001) (conduct evidencing lack of good faith bars benefits)