Cytemp Specialty Steel v. Workers' Compensation Appeal Board (Crisman)
2012 Pa. Commw. LEXIS 91
| Pa. Commw. Ct. | 2012Background
- Claimant Richard Crisman, a long-time Cytemp employee since 1973, reported neck and related injuries in 1992 and 1993; the employer issued an NCP for the May 7, 1993 neck injury describing it as a cervical sprain and paid total disability from Sept. 8, 1993.
- Claimant worked at a Salvation Army thrift store from May 1995 until Nov. 7, 1995, while receiving partial disability benefits tied to the neck injury.
- The WCJ in 1997 found Claimant capable of performing the Salvation Army job and partially disabled as of May 30, 1995, rejecting total disability as of Nov. 7, 1995.
- In 2000, the WCJ denied joinder and claim petitions related to injuries at Salvation Army; Board affirmed, and this Court later vacated and remanded for critical factual findings.
- On remand (2009), the WCJ found two cervical injuries (Sept. 23, 1992 and May 7, 1993) and again awarded total disability as of Nov. 7, 1995, which the Board affirmed.
- Cytemp challenged, arguing there was insufficient substantial evidence of two neck injuries and that, regardless, res judicata/collateral estoppel barred further litigation on total disability as of Nov. 7, 1995; the Commonwealth Court agreed and reversed the Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether two neck injuries were established | Crisman argues there were two distinct neck injuries (Sept. 1992 and May 1993) requiring total disability. | Cytemp contends only one neck injury existed (dating misdated in the NCP) and the two-injury theory is not supported by substantial evidence. | Not supported; no two separate neck injuries proven by substantial evidence. |
| Whether res judicata/collateral estoppel bars claims about disability as of Nov. 7, 1995 | Crisman should be allowed to relitigate total disability as of Nov. 7, 1995 despite prior adjudications. | Res judicata and collateral estoppel bar re-litigation of total disability as of Nov. 7, 1995 because the issue was previously litigated or could have been litigated. | Res judicata and collateral estoppel bar the claim; total disability as of Nov. 7, 1995 cannot be relitigated. |
Key Cases Cited
- Maranc v. Workers' Compensation Appeal Board (Bienenfeld), 751 A.2d 1196 (Pa.Cmwlth. 2000) (defines res judicata and collateral estoppel scope in WC appeals)
- Vista International Hotel v. Workmen's Compensation Appeal Board (Daniels), 742 A.2d 649 (Pa. 1999) (establishes standards for proving disability and related burdens)
- School District of Philadelphia v. Workers' Compensation Appeal Board (Lanier), 727 A.2d 1171 (Pa.Cmwlth. 1999) (claims burden to prove a work injury disabled claimant)
- Cytemp Specialty Steel v. Workers' Compensation Appeal Board (Crisman), Cytemp Specialty Steel v. WCAB (Crisman), 2012 Pa. Cmwlth. LEXIS (Pa.Cmwlth. 2008) (remand on two-neck-injury issue; later reversed here on res judicata)