Boddie v. Workers' Compensation Appeal Board
125 A.3d 84
| Pa. Commw. Ct. | 2015Background
- Claimant Boddie worked as a lumper for Crown Distribution Center; February 28, 2012 fall from a pallet jack caused back injuries.
- Claim petition filed March 15, 2012 seeking lumbar injuries, disability, and medical costs.
- Two 2012 hearings with limited testimony; IME on June 14, 2012; NCP issued July 19, 2012 accepting a lumbar spine injury (L2-3-4).
- Claimant’s deposition of Dr. Pelicci (thoracic injury theory) occurred July 19, 2012; IME by Dr. Kahanovitz found only L2-4 fractures, no thoracic injury.
- WCJ decision (June 10, 2013) denied additional injuries beyond those on the NCP and denied Pelicci’s deposition costs; Board affirmed; issues remained about thoracic injury and costs.
- Court granted review, reversed in part on thoracic injury remand and litigation costs entitlement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether remand is required to decide the thoracic injury | Boddie argues the WCJ failed to address a possible thoracic injury. | Crown contends credibility findings control without addressing thoracic injury. | Remand required to address thoracic injury findings and rationale. |
| Whether Claimant is entitled to reimbursement for Pelicci’s deposition | Boddie contends deposition costs should be reimbursed as litigation costs. | Employer asserts deposition costs were unrecoverable since thoracic injury was not established. | Claimant entitled to reimbursement for Pelicci’s deposition. |
Key Cases Cited
- Pistella v. Workmen’s Compensation Appeal Board (Samson Buick Body Shop), 159 Pa.Cmwlth. 342, 633 A.2d 230 (Pa.Cmwlth. 1993) (duty to provide findings necessary for review; crucial issue resolution)
- Budd Trailer Company, Inc. v. Workmen’s Compensation Appeal Board (Behney), 105 Pa.Cmwlth. 258, 524 A.2d 525 (Pa.Cmwlth. 1987) (unambiguous causal connection requires unequivocal medical evidence)
- Reyes v. Workers’ Compensation Appeal Board (AMTEC), 967 A.2d 1071 (Pa.Cmwlth. 2009) (litigation costs depend on contest on issue before WCJ)
- Sherrod v. Workmen’s Compensation Appeal Board (Thoroughgood, Inc.), 666 A.2d 383 (Pa.Cmwlth. 1995) (WCJ credibility control over issues; weight of evidence explained)
- Cytemp Specially Steel v. Workers’ Compensation Appeal Board (Crisman), 39 A.3d 1028 (Pa.Cmwlth. 2012) (review requires adequate findings and legal analysis; reasoned decision)