M. Benjamin v. WCAB (Omnova Solutions, Inc.)
2611 C.D. 2015
| Pa. Commw. Ct. | Oct 6, 2016Background
- Claimant Maria Benjamin, a warehouse worker, struck a stationary fork truck with a stand-up forklift on December 4, 2013; she continued working until her discharge on December 12, 2013.
- Claimant filed a workers’ compensation claim alleging low back pain and right leg radicular burning from the accident and sought total disability benefits beginning December 4, 2013.
- Claimant’s treating physiatrist, Dr. Levinstein, diagnosed lumbar sprain/strain, sacroiliac sprain/strain, sacroiliitis, and aggravation of degenerative disc/joint disease; he relied substantially on Claimant’s subjective history and ordered conservative treatment and an MRI.
- Employer’s IME by Dr. Fayyazi attributed Claimant’s degenerative disc disease to a preexisting condition and found Claimant’s exam effort inconsistent and possibly exaggerated; Employer also presented multiple coworker witnesses who described the accident and did not observe or hear Claimant complain of injury at the time.
- The WCJ credited Employer’s witnesses and Dr. Fayyazi, discredited Claimant and Dr. Levinstein (noting delay in care, inconsistency in testimony, attorney-referral, and subjective basis for opinion), and denied benefits; the Board affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether WCJ capriciously disregarded evidence of a compensable work injury | Benjamin: WCJ ignored/discounted substantial medical and testimonial evidence showing a work-related injury causing ongoing disability | Omnova: WCJ reasonably discredited Claimant and her treating physician, relied on IME and witness testimony | Held: No capricious disregard; WCJ’s credibility findings supported by record and adequately explained |
| Whether Claimant proved work-related causation for back and leg symptoms | Benjamin: Treating physician linked symptoms to the forklift collision | Omnova: IME tied degenerative disease to preexisting condition; exam suggested poor effort/exaggeration | Held: WCJ credited IME; Claimant failed to prove injury causation |
| Whether termination was retaliatory/without cause | Benjamin: Termination after 24 years was without cause and retaliatory for injury | Omnova: Terminated under last-chance agreement for safety violation (collision, failure to follow procedure) | Held: Court declined to address termination claim because Claimant failed to prove injury (issue irrelevant to award) |
| Whether WCJ properly weighed conflicting medical evidence | Benjamin: WCJ improperly rejected treating physician’s opinion | Omnova: WCJ is factfinder entitled to weigh evidence and assess credibility | Held: WCJ properly weighed evidence; appellate court defers to credibility determinations |
Key Cases Cited
- Arena v. Packaging Systems Corp., 507 A.2d 18 (Pa. 1986) (defines "capricious disregard" of evidence standard)
- William v. Workers’ Compensation Appeal Board (USX-Corp. – Fairless Works), 862 A.2d 137 (Pa. Cmwlth. 2004) (noting express consideration and rejection of evidence is not capricious disregard)
- Cytemp Specialty Steel v. Workers’ Compensation Appeal Board (Crisman), 39 A.3d 1028 (Pa. Cmwlth. 2012) (scope of appellate review of Board orders)
- Mrs. Smith’s Frozen Foods Co. v. Workmen’s Compensation Appeal Board (Clouser), 539 A.2d 11 (Pa. Cmwlth. 1988) (definition of substantial evidence)
- Arvilla Oilfield Services, Inc. v. Workers’ Compensation Appeal Board (Carlson), 91 A.3d 758 (Pa. Cmwlth. 2014) (WCJ’s role as factfinder on credibility and weight of medical evidence)
- Vista International Hotel v. Workers’ Compensation Appeal Board (Daniels), 742 A.2d 649 (Pa. 1999) (discussion of employer burden when terminating benefits after discharge)