Penske Logistics v. Workers' Compensation Appeal Board, 2015 Pa. Commw. LEXIS 591

Background

Claimant (yard jockey) fell on ice at work on February 3, 2011, but continued working and did not seek medical treatment until August 2011 for right arm/neck symptoms; he had prior cervical surgery in 2001.
Claimant says he told co-worker Brian Yoder about the fall the same day, received an injury form from Yoder, completed it, and slid it under a manager’s office door; employer records show the incident was not entered until December 1, 2011.
Employer witnesses (including Yoder, supervisor Julie Troxel, manager Cusatis, and supervisor Lall) denied receiving timely notice; Troxel and others first learned of the February 2011 incident in late 2011.
Dr. Truex (Claimant’s neurosurgeon) opined that the fall aggravated preexisting degenerative disc disease causing C7–C8 nerve root impingement; he relied in part on temporal proximity of fall and symptoms. Dr. Perry (IME) attributed condition to degeneration and disputed trauma as cause.
WCJ credited Claimant and Dr. Truex, found Claimant gave timely notice by reporting to Yoder on February 3, 2011, and awarded disability and 75 weeks of disfigurement benefits; the Board affirmed. Employer appealed to this Court.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Claimant gave timely, proper notice under the Workers’ Compensation Act	Claimant reported the fall to co-worker Yoder (and spoke to Troxel) on Feb 3 and submitted a completed injury report under a manager’s door the same day	Employer contends telling a co-worker and sliding a form under a locked door did not give notice to an authorized supervisor/agent within 120 days; employer first learned in late Nov/Dec 2011	Reversed — claimant failed to prove employer received timely, proper notice; telling a non-authorized co-worker (Yoder) was insufficient and employer did not receive actual notice within 120 days
Whether Claimant’s medical evidence established causation of work-related aggravation	Dr. Truex linked symptoms to the February fall and the surgeries treated that aggravation	Employer’s expert (Dr. Perry) attributed findings to degenerative disease; argued MRI lacked traumatic markers and delayed symptom onset undermines causation	Reversed — Dr. Truex’s opinion was legally incompetent on causation because it relied on temporal proximity without demonstrated symptom inception; insufficient to prove causation
Whether disfigurement award (75 weeks) was supportable	Claimant argued scars resulted from surgeries necessitated by the work injury	Employer argued no work-related causation, excessive weeks, and Board did not actually view scars	Court did not reach merits after reversing on notice/causation; disfigurement award not sustained because underlying claim failed
Standard of review for WCJ credibility determinations	Claimant relied on WCJ’s credibility findings favoring him	Employer argued WCJ’s findings lacked necessary specific factual findings (e.g., Yoder’s status as agent) and some credibility rationales were improper	Court held credibility findings do not substitute for required factual findings on notice and that substantial evidence did not support the legal conclusion of proper notice

Key Cases Cited

Canterna v. United States Steel Corporation, 317 A.2d 355 (Pa. Cmwlth. 1974) (notice to a fellow employee does not satisfy Act unless that person is an employer agent)
Padilla v. Chain Bike Corporation, 365 A.2d 903 (Pa. Cmwlth. 1976) (agent means person authorized to receive injury reports)
Lewis v. Workmen’s Compensation Appeal Board, 498 A.2d 800 (Pa. 1985) (physician opinion based solely on temporal proximity is incompetent to prove causation)
Storer v. Workers’ Compensation Appeal Board (ABB), 784 A.2d 829 (Pa. Cmwlth. 2001) (claimant must show employer actually received notice)
Inglis House v. Workmen’s Compensation Appeal Board (Reedy), 634 A.2d 592 (Pa. 1993) (claimant bears burden to prove all elements for benefits)