J. McNeil v. WCAB (DOC, SCI-Graterford)
2022 C.D. 2016
| Pa. Commw. Ct. | Sep 1, 2017Background
- Claimant Janie McNeil slipped and fell at work on Jan. 26, 2011; Employer initially accepted several injuries but WCJ later excluded a left rotator cuff tear as work-related.
- Employer terminated benefits effective May 21, 2014 based on an IME (Dr. Donahue); WCJ’s termination was affirmed by the Board and not further appealed by Claimant.
- Claimant had arthroscopic left shoulder surgery (rotator cuff debridement/tenodesis) on Dec. 30, 2014 and later obtained a report from treating surgeon Dr. Andrew Kuntz attributing the shoulder condition to the 2011 work incident.
- Claimant filed a reinstatement petition (Nov. 18, 2015) seeking benefits from the date of surgery; at the sole reinstatement hearing no testimony was taken and the Kuntz report was not offered into evidence.
- WCJ dismissed the reinstatement petition; the Board affirmed, finding collateral estoppel regarding the rotator cuff, that the Kuntz report was not in the record, and that Claimant failed to show a post-termination worsening. Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Claimant established causal connection between current shoulder condition and the 2011 work injury | McNeil: Kuntz’s report links surgery/shoulder pathology to 2011 fall, showing worsened condition entitling reinstatement | Employer: Rotator cuff already excluded as work-related by final prior order; collateral estoppel bars relitigation | Held: Collateral estoppel applies; Claimant failed to prove causal connection |
| Whether the Kuntz report was part of the record and admissible | McNeil: Report was attached to brief filed with WCJ and uploaded to WCAIS; Board should consider it | Employer: Report was not exchanged before the hearing and was not offered/marked into evidence, so inadmissible under Special Rules | Held: Report was not properly exchanged or admitted; Board correctly declined to consider it |
| Whether any worsening occurred after the benefit termination date (entitling reinstatement) | McNeil: Surgery Dec. 30, 2014 worsened condition and supports reinstatement (sought benefits from that date) | Employer: Surgery occurred before WCJ’s termination decision and rotator cuff was excluded from work injury; termination as of May 21, 2014 stands | Held: Claimant did not show a worsening of a recognized work injury after termination; reinstatement denied |
| Whether attorney statements at hearing bound Claimant | McNeil: (implicit) contesting reliance on counsel’s on-record statements | Employer: Counsel’s on-the-record admissions that surgery was the alleged worsening bind Claimant | Held: Attorney’s on-record statements bound Claimant and supported WCJ/Board reliance |
Key Cases Cited
- Pieper v. Ametek-Thermox Instruments Div., 584 A.2d 301 (Pa. 1990) (claimant seeking reinstatement must show causal connection and post-award worsening)
- Williams v. W.C.A.B. (South Hills Health Systems), 877 A.2d 531 (Pa. Cmwlth. 2005) (collateral estoppel bars relitigation of injury scope after unappealed final termination order)
- Kimberly-Clark Corp. v. W.C.A.B. (Bullard), 790 A.2d 1072 (Pa. Cmwlth. 2001) (evidence not offered/ admitted at hearing is not part of the record on review)
- Piper Aircraft Corp. v. W.C.A.B. (Bibey), 485 A.2d 906 (Pa. Cmwlth. 1985) (attorney admissions during trial/hearing may bind client)
- National Fiberstock Corp. v. W.C.A.B. (Grahl), 955 A.2d 1057 (Pa. Cmwlth. 2008) (heavy burden for reinstatement where claimant was adjudicated fully recovered)