Frankiewicz v. Workers' Compensation Appeal Board (Kinder Morgan, Inc.)
177 A.3d 991
Pa. Commw. Ct.2017Background
- Claimant (Frankiewicz), a chemical operator, alleged that on April 20, 2012 he was exposed at work to diesel fumes from a nearby leak and experienced acute symptoms (headache, nausea, vomiting, throat pain, shortness of breath) and later persistent physical and psychiatric complaints; he sought ER treatment the day of the incident and continued working for a time but stopped on September 15, 2012.
- Claimant filed multiple petitions before the WCJ asserting a work-related physical and psychiatric injury (including PTSD, anxiety, depression) and sought benefits and penalties; Employer (Kinder Morgan) denied the claims.
- Medical evidence: Claimant’s treating physician (Dr. Porter) attributed many chronic physical and psychiatric conditions to the exposure; an unlicensed psychologist (Dr. Raditz) diagnosed disabling pain disorder with anxiety/depression; coworkers and spouse testified to observed deterioration.
- Employer’s experts (Dr. Cohn, internal/pulmonary; Dr. Rieger, psychiatrist) found no work-related physical or psychiatric disorder causally linked to the exposure; the WCJ-appointed independent examiner (Dr. Greenberg, occupational/toxicology) found no toxic exposure or causal relationship and diagnosed anxiety/symptom magnification and possible sleep apnea.
- The WCJ credited Drs. Greenberg and Cohn over Dr. Porter, concluded there was no work-related physical injury from the diesel exposure, found some psychiatric symptoms but held the claimant had to satisfy the mental-mental (abnormal working conditions) standard because no qualifying physical trigger was proven, and denied all petitions. The Board affirmed; this Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Which standard governs the claimed psychiatric injury — physical-mental (triggering physical injury) or mental-mental (psychic stimulus requiring abnormal working conditions)? | Frankiewicz: his acute physical symptoms from diesel exposure (ER visit, headache, vomiting) are a triggering physical stimulus satisfying the physical-mental standard, so abnormal working conditions need not be shown. | Employer: no work-related physical injury requiring medical treatment or causal link was proven; psychiatric injury, if any, arises from a psychic stimulus and must meet the mental-mental abnormal-working-conditions test. | Court: Affirmed mental-mental standard application because substantial evidence showed no qualifying work-related physical injury or causal link; WCJ credibility findings favoring Employer/IME were sustained, so claimant must have proved abnormal working conditions and failed to do so. |
Key Cases Cited
- Payes v. Workers’ Comp. Appeal Bd. (Pa. State Police), 79 A.3d 543 (Pa. 2013) (describes mental-mental, mental-physical, and physical-mental categories and standards)
- Murphy v. Workers’ Comp. Appeal Bd. (Ace Check Cashing Inc.), 110 A.3d 227 (Pa. Cmwlth. 2015) (physical-mental requires a triggering physical injury that required medical treatment and was related to the mental injury)
- Ryan v. Workmen’s Comp. Appeal Bd. (Community Health Services), 707 A.2d 1130 (Pa. 1998) (mental injury must be caused by the physical stimulus to invoke physical-mental standard)
- Donovan v. Workers’ Comp. Appeal Bd. (Academy Medical Realty), 739 A.2d 1156 (Pa. Cmwlth. 1999) (physical injuries requiring medical treatment can trigger compensable psychiatric injuries)
- Anderson v. Workers’ Comp. Appeal Bd. (Washington Greene Alternative), 862 A.2d 678 (Pa. Cmwlth. 2004) (minor physical contact without medical treatment is insufficient for physical-mental standard)
- Pittsburgh Bd. of Educ. v. Workers’ Comp. Appeal Bd. (Schulz), 840 A.2d 1078 (Pa. Cmwlth. 2004) (physical injury that required hospital treatment supported physical-mental recovery)
- Bartholetti v. Workers’ Comp. Appeal Bd. (Sch. Dist. of Philadelphia), 927 A.2d 743 (Pa. Cmwlth. 2007) (bite/injury requiring medical workup supported physical-mental standard)