City of Allentown v. WCAB (Sames)
484 C.D. 2017
| Pa. Commw. Ct. | Jan 5, 2018Background
- Claimant Vicki Sames, a full‑time paramedic, slipped on a snow‑covered curb at work on January 3, 2014 and landed on her right shoulder; she reported the incident but did not seek immediate treatment.
- Claimant developed additional symptoms after a February 13, 2014 snow‑shoveling incident (neck and left shoulder) and underwent cervical fusion on April 21, 2014 for those injuries; she stopped work March 10, 2014.
- Persistent right shoulder pain led to an MRI and right rotator cuff repair by Dr. David Rubenstein on August 18, 2014; Claimant returned to her pre‑injury job on January 20, 2015.
- Claimant filed a WC Claim Petition (Sept. 26, 2014) alleging the January 3, 2014 fall caused the right rotator cuff tear; the WCJ awarded temporary total disability (TTD) from Aug. 18, 2014 to Jan. 19, 2015, suspended as of Jan. 20, 2015, and terminated as of Apr. 2, 2015.
- Employer argued the WCJ’s decision was not reasoned and that Claimant was disqualified from benefits because she was not released to work after the non‑work‑related cervical surgery; the Board affirmed and the Commonwealth Court affirmed the Board.
Issues
| Issue | Plaintiff's Argument (Sames) | Defendant's Argument (City of Allentown) | Held |
|---|---|---|---|
| Whether the WCJ issued a reasoned decision under Section 422(a) of the WC Act | WCJ adequately explained credibility choices and relied on treating surgeon Dr. Rubenstein’s causation opinion | WCJ capriciously disregarded five physicians’ records and accepted one doctor without explanation | Court held the WCJ issued a reasoned decision; explained reasons for rejecting evidence and credited Dr. Rubenstein |
| Whether Claimant was disqualified from TTD because she was not released to work for a non‑work‑related condition at time of shoulder surgery | Claimant’s rotator cuff surgery was a substantial, contributing cause of her disability; causation need not use magic words if inference is allowed | Employer argued Claimant was unreleased due to cervical fusion (non‑work injury), so shoulder‑related benefits barred | Court held employer waived the argument for inadequate briefing and, on the merits, the record supports that the work‑related shoulder injury substantially contributed to disability; TTD award upheld |
Key Cases Cited
- Reed v. Workers’ Comp. Appeal Bd. (Allied Signal, Inc.), 114 A.3d 464 (Pa. Cmwlth. 2015) (reasoned decision and credibility determinations by WCJ govern appellate review)
- Leon E. Wintermyer, Inc. v. Workers’ Comp. Appeal Bd. (Marlowe), 812 A.2d 478 (Pa. 2002) (definition of capricious disregard of evidence)
- Pa. State Univ. v. Workers’ Comp. Appeal Bd. (Rabin, Deceased), 53 A.3d 126 (Pa. Cmwlth. 2012) (claimant must show work injury was a substantial contributing factor to disability)
- Thomas Lindstrom Co. v. Workers’ Comp. Appeal Bd. (Braun), 992 A.2d 961 (Pa. Cmwlth. 2010) (medical testimony need not use specific terminology if it permits an inference of causation)
- Stepp v. Workers’ Comp. Appeal Bd. (FairPoint Commc’ns, Inc.), 99 A.3d 598 (Pa. Cmwlth. 2014) (standard of review on appeal from Board)