S. Schock v. WCAB (Brown's Super Stores)
S. Schock v. WCAB (Brown's Super Stores) - 1352 and 1366 C.D. 2016
| Pa. Commw. Ct. | Aug 21, 2017Background
- Claimant (Sarah Schock), a deli clerk, slipped at work on April 30, 2012; Employer (Brown’s Super Stores) issued a medical-only NCP diagnosing a lumbar strain.
- Claimant sought disability benefits (partial and total) and alleged compensable disc pathology that led to June 11, 2013 back surgery; Employer filed a petition to terminate benefits effective June 6, 2013 after IME opinion of recovery.
- Competing medical depositions: Claimant’s experts (Drs. Izzo and Freese) attributed radiculopathy/herniation to the work injury; Employer’s experts (Drs. Kovalsky, McCarren, Kahanovitz) attributed findings to strain or degenerative disease and questioned causal progression to herniation.
- WCJ credited aspects of multiple doctors, found Claimant disabled for several discrete periods in 2012–2013 but fully recovered by June 6, 2013, granted Employer’s termination petition, and awarded Claimant partial litigation-costs reimbursement.
- The Board affirmed termination but limited the reimbursable deposition costs on remand; Claimant and Employer appealed to Commonwealth Court on different aspects of the Board’s orders.
Issues
| Issue | Plaintiff's Argument (Schock) | Defendant's Argument (Brown’s) | Held |
|---|---|---|---|
| 1. Whether WCJ issued a "reasoned decision" re: credibility of medical depositions | WCJ failed to articulate objective bases for rejecting portions of depositions (Daniels requires more when experts testify by deposition) | WCJ sufficiently identified reasons (relied on MRI evidence and expert credibility) | Court: WCJ did not adequately explain objective bases for preferring some experts over others; vacated and remanded for a reasoned decision compliant with §422 of the Act |
| 2. Who bears burden to prove causation of post‑injury herniation/surgery | Schock: Employer should prove the herniation arose from a non‑work cause when seeking termination | Brown’s: Claimant bears burden in claim petition to prove extent, duration, and causal relation of injury/treatment | Court: Claimant bears the burden to prove extent/duration/causation of compensable injury; WCJ did not err in placing burden on claimant |
| 3. Reimbursement of deposition costs (which depositions relate to successful issues) | Schock: All deposition costs are recoverable because Employer contested liability; all evidence was used by both sides | Brown’s: Costs for depositions aimed at defeating termination (or penalty) not compensable when claimant did not prevail on those issues | Court: Affirmed award for Furey and Dr. Freese (related to issues on which claimant prevailed); vacated Board reversal as to Drs. McCarren and Kahanovitz (must be reconsidered after remand) |
| 4. Whether remand must be to a different WCJ | Schock: Bias formed by original WCJ requires a new judge on remand | Brown’s: No basis for new judge absent capriciousness or fraud | Court: Denied request for new WCJ; no showing of capricious conduct — remand stays with original WCJ |
Key Cases Cited
- Daniels v. Workers’ Compensation Appeal Board (Tristate Transport), 828 A.2d 1043 (Pa. 2003) (requires objective explanation for WCJ credibility determinations when medical testimony is by deposition)
- Greenwich Collieries v. Workers’ Compensation Appeal Board (Buck), 664 A.2d 703 (Pa. Cmwlth. 1995) (WCJ has exclusive province over credibility and evidentiary weight)
- Hoffmaster v. Workers’ Compensation Appeal Board (Senco Products, Inc.), 721 A.2d 1152 (Pa. Cmwlth. 1998) (substantial evidence standard for WCJ findings)
- Inglis House v. Workers’ Compensation Appeal Board (Reedy), 634 A.2d 592 (Pa. 1993) (claimant bears burden to prove work‑related injury and loss of earning power)
- Wagner v. Workers’ Compensation Appeal Board (O’Malley Wood Products, Inc.), 805 A.2d 683 (Pa. Cmwlth. 2002) (claimant must establish duration of disability)
- O’Neill v. Workers’ Compensation Appeal Board (News Corporation, Ltd.), 29 A.3d 50 (Pa. Cmwlth. 2011) (employer seeking termination must prove disability ceased or is unrelated to work injury)
- Jones v. Workers’ Compensation Appeal Board (Steris Corporation), 874 A.2d 717 (Pa. Cmwlth. 2005) (award of reasonable litigation costs to claimant who prevails in whole or in part)
- Braun Baking Co. v. Workmen’s Compensation Appeal Board (Stevens), 583 A.2d 860 (Pa. Cmwlth. 1990) (deference to WCJ discretion in awarding reasonable litigation costs)
- Giant Eagle, Inc. v. Workmen’s Compensation Appeal Board (Bensy), 651 A.2d 212 (Pa. Cmwlth. 1994) (standards for remand to a different WCJ under §425 discussed)