Joy Cone Company v. WCAB (Fluent)
Joy Cone Company v. WCAB (Fluent) - 1066 C.D. 2016
| Pa. Commw. Ct. | Aug 4, 2017Background
- Claimant Elaine Fluent worked as a packer for Joy Cone Company from 2005 to 2014 and had a preexisting history of lumbar disc disease.
- On April 1, 2013 Claimant reported a work-related back injury while unwrapping a pallet; she was examined, initially released with preinjury restrictions, then later restricted to 10-pound lifting and missed work from April 25, 2013 to November 18, 2013.
- Treating physician Dr. Shaughnessy diagnosed a lumbar disc herniation and radiculopathy related to the April 1, 2013 incident and referred Claimant for surgery; Claimant had surgery in January 2014 and returned to work March 31, 2014.
- Employer contested causation, disability and credibility, citing earlier medical records and a July 9, 2013 chart note suggesting Claimant engaged in strenuous activities (kayaking, running, lifting her child).
- The WCJ found Claimant entitled to disability and medical benefits from April 1, 2013 through March 31, 2014 (with credits for income and earlier payments); the Board affirmed, and Employer appealed to this Court.
Issues
| Issue | Claimant's Argument | Employer's Argument | Held |
|---|---|---|---|
| Whether Claimant sustained a work-related disc herniation on April 1, 2013 | The April 1 event caused a lumbar disc herniation; treating physician supports causation | Preexisting disc disease and prior complaints show herniation was not caused by the April 1 event | Court affirmed WCJ: substantial evidence (treating physician, total evidence) supports finding of work-related herniation |
| Whether Claimant met her burden of proving disability from the work injury | Medical and testimonial evidence show disability from April 1, 2013 through March 2014 | Testimony conflicts and medical notes (e.g., July 9, 2013) indicate Claimant was active and not disabled | Court affirmed WCJ: credibility determinations and medical evidence support award of disability benefits |
| Whether Claimant had recovered and returned to baseline by November 17, 2013 | Claimant returned to preinjury work November 18, 2013 but later required surgery and remained disabled until March 2014 | Employer: November 17 release shows full recovery and ends Employer’s liability earlier | Court affirmed WCJ: WCJ credited medical evidence and testimony showing benefits properly continued until March 31, 2014 |
| Whether the WCJ’s credibility findings were internally inconsistent or improperly equitable | WCJ relied on credibility and medical evidence to award benefits | Employer contends award was based on equity rather than statutory standards and inconsistent credibility findings | Court held WCJ is sole judge of credibility and may weigh evidence; findings supported by substantial evidence, so no error |
Key Cases Cited
- Bethenergy Mines, Inc. v. Workmen’s Compensation Appeal Board, 612 A.2d 434 (Pa. 1992) (standard for reviewing WCJ findings for support in the record)
- Birmingham Fire Ins. Co. v. Workmen’s Compensation Appeal Board, 657 A.2d 96 (Pa. Cmwlth. 1995) (Board must accept WCJ fact findings supported by competent evidence)
- McCabe v. Workers’ Compensation Appeal Board, 806 A.2d 512 (Pa. Cmwlth. 2002) (appellate inquiry asks only whether evidence exists to support WCJ’s findings)
- Sherrod v. Workmen’s Compensation Appeal Board, 666 A.2d 383 (Pa. Cmwlth. 1995) (WCJ has authority over credibility and evidentiary weight)
- Lombardo v. Workers’ Compensation Appeal Board, 698 A.2d 1378 (Pa. Cmwlth. 1997) (WCJ free to accept or reject testimony in whole or part)
- Waldameer Park, Inc. v. Workers’ Compensation Appeal Board, 819 A.2d 164 (Pa. Cmwlth. 2003) (scope of appellate review of Board orders)