R. Robinson v. WCAB (Holloman Corporation)
2527 and 2540 C.D. 2015
| Pa. Commw. Ct. | Jan 13, 2017Background
- Claimant (Robinson), a Florida resident, was hired for pipeline work in PA at $16/hour plus $85/day per diem and injured his left knee on June 18, 2011.
- Employer initially paid medical-only benefits, then issued NTCP/NCP for a left meniscus tear and paid total disability based on an average weekly wage the employer set at $1,225.
- Claimant returned to light-duty work and was later released with restrictions; Employer offered a full‑time light‑duty job at the pre‑injury rate ($16/hr + $85/day) effective April 1, 2012; Claimant did not immediately accept but returned to that position June 18, 2012.
- Claimant left work August 24, 2012 for personal reasons, returned to Florida, ultimately did not come back and Employer terminated him September 26, 2012; Claimant also ran a family lawn‑care startup in Florida without drawing pay.
- WCJ found Claimant’s expected pre‑injury hours were 60 per week (10 hrs/day, 6 days), recalculated average weekly wage to $1,630, awarded partial disability from April 1, 2012, and suspended benefits as of September 26, 2012; the Board affirmed but moved the suspension date to August 24, 2012; Commonwealth Court affirmed the Board.
Issues
| Issue | Robinson's Argument | Holloman's Argument | Held |
|---|---|---|---|
| Whether benefits may be suspended when claimant leaves a post‑injury job for personal (non‑culpable) reasons | Leaving for non‑culpable personal reasons should not justify suspension because loss wasn't due to misconduct and claimant had not returned to pre‑injury earnings | Employer: voluntary abandonment breaks causal link between injury and earnings loss; suspension proper | Held: Suspension proper when loss of earnings is due to factors other than the work injury; voluntary departure justified suspension (suspension effective Aug 24, 2012). |
| Proper date for suspension (when loss of earnings became unrelated to injury) | Suspension should not be based on employer’s later termination date; claimant argues ongoing entitlement | Employer: suspension effective when claimant left job or when terminated — suspension justified | Held: Date of suspension is when claimant left work for personal reasons (Aug 24, 2012), not the employer’s later termination date. |
| Proper method to calculate average weekly wage when claimant worked <13 weeks and was paid hourly | Robinson: WCJ’s calculation may overstate expected hours; disputes 60‑hour expected week | Holloman: Actual work records show 60‑hour/week expectation; Section 309(d.2) applies (hourly rate × expected hours) | Held: Substantial evidence supports 60 expected hours; average weekly wage of $1,630 was properly calculated under 77 P.S. § 582(d.2). |
| Whether claimant remains entitled to partial disability benefits after abandoning a post‑injury job that paid at pre‑injury rate | Robinson: partial disability usually continues and his partial award should not be suspended solely because he left | Holloman: where claimant abandons job and loss is not injury‑related, benefits may be suspended even if prior partial award existed | Held: Prior partial disability award does not bar suspension when claimant voluntarily abandons full‑time post‑injury work at pre‑injury pay; suspension proper. |
Key Cases Cited
- Hertz‑Penske Truck Leasing Co. v. Workmen’s Compensation Appeal Board, 684 A.2d 547 (Pa. 1996) (employer may suspend benefits when employee quits and earnings loss is not due to the injury)
- Harle v. Workmen’s Compensation Appeal Board, 658 A.2d 766 (Pa. 1995) (loss of earnings must be caused by the injury to support continued benefits)
- North Pittsburgh Drywall Co. v. Workers’ Compensation Appeal Board, 59 A.3d 30 (Pa. Cmwlth. 2013) (voluntary reasons unrelated to injury permit suspension; burden on claimant to show disability caused departure)
- Beattie v. Workers’ Compensation Appeal Board, 713 A.2d 187 (Pa. Cmwlth. 1998) (claimant who left post‑injury work for reasons unrelated to injury not entitled to reinstatement)
- Vista International Hotel v. Workmen’s Compensation Appeal Board, 742 A.2d 649 (Pa. 1999) (general rule: partial disability ordinarily continues where earnings loss remains caused by injury)
- Brimmer v. Workers’ Compensation Appeal Board, 764 A.2d 104 (Pa. Cmwlth. 2000) (claimant not entitled to benefits for voluntary time off unrelated to injury)
- Lahr Mechanical v. Workers’ Compensation Appeal Board, 933 A.2d 1095 (Pa. Cmwlth. 2007) (expected hours is a factual question for WCJ under Section 309(d.2))
- Anderson v. Workers’ Compensation Appeal Board, 111 A.3d 238 (Pa. Cmwlth. 2015) (when expected weekly hours cannot be determined, average weekly wage calculated by alternate method reflecting recent earning experience)
- Triangle Building Center v. Workers’ Compensation Appeal Board (Linch), 746 A.2d 1108 (Pa. 2000) (alternative average wage calculation should reasonably reflect pre‑injury earning experience)