Scott and Longacre Trucking v. WCAB (Darrow)
588 C.D. 2017
| Pa. Commw. Ct. | Oct 26, 2017Background
- Claimant (Darrow), a truck driver, alleged a work-related low-back injury on Feb 28, 2013 while ratcheting a load; he sought total disability benefits beginning March 1, 2013.
- Claimant returned to work March 6, 2013, and was terminated for misconduct (vulgar board message, vehicle damage) on March 22, 2013; medical notes show ongoing back complaints thereafter.
- Claimant submitted medical records (Dr. Matthews) and later treated with Dr. Kline (began April 2015); Employer’s IME was Dr. Rajjoub (exam Sept. 15, 2015) who found recovery by that date.
- WCJ credited the medical records and Dr. Rajjoub, found Claimant injured at work, awarded benefits from termination (Mar 22, 2013) through Sept 14, 2015, and granted Employer’s termination petition effective Sept 15, 2015.
- Board affirmed; Employer appealed to Commonwealth Court arguing Claimant failed to prove a causal link and that medical records were inadmissible hearsay when disability exceeds 52 weeks.
Issues
| Issue | Darrow's Argument | Scott & Longacre's Argument | Held |
|---|---|---|---|
| Whether Claimant proved a compensable work-related injury and ongoing disability | Medical records and Dr. Kline corroborate work injury and restrictions | Records are inadmissible/unreliable hearsay and evidence fails to show causal link to work incident | Reversed: Claimant failed to meet burden—medical records required corroboration by unequivocal medical testimony and none was competently provided |
| Admissibility/use of medical records where claim exceeds 52 weeks | Records admissible (Employer used them in cross-exam) | Records are inadmissible hearsay absent objection or proper exception | Court held hearsay may be used to impeach but cannot alone support finding; required corroboration per Walker/Calcara; records insufficient |
| Whether Employer proved recovery earlier (e.g., Mar 6, 2013) to terminate benefits | n/a (Claimant contests) | Employer says IME shows recovery by Mar 6 or Aug 2013 | Court found Employer did not prove recovery by those earlier dates; only Sept 15, 2015 had competent evidence of recovery per WCJ, but overall claimant failed initial burden so award reversed |
| Whether benefits should be suspended for 10-day incarceration in 2015 | Claimant did not seek suspension | Employer argued for suspension | Court noted WCJ did not rule because Employer did not specifically request suspension; not dispositive to reversal |
Key Cases Cited
- Inglis House v. Workmen’s Compensation Appeal Board (Reedy), 634 A.2d 592 (Pa. Cmwlth. 1993) (claimant bears burden to establish right to compensation)
- Calcara v. Workers’ Compensation Appeal Board (St. Joseph Hosp. & Franciscan Health Sys.), 706 A.2d 1286 (Pa. Cmwlth. 1998) (unequivocal medical evidence required to establish causal link when not obvious)
- Walker v. Unemployment Compensation Board of Review, 367 A.2d 366 (Pa. Cmwlth. 1976) (hearsay admitted without objection must be corroborated by competent evidence to support findings)
- Huff v. Workmen’s Compensation Appeal Board (Ingalls Steel of Pennsylvania), 453 A.2d 753 (Pa. Cmwlth. 1982) (hearsay admissible for impeachment and to shed light but not to substitute for corroborated medical testimony)
- Zander v. Workmen’s Compensation Appeal Board (Warrington Equipment Co.), 449 A.2d 784 (Pa. Cmwlth. 1982) (failure to provide medical testimony clearly connecting condition to work defeats claim)
- Lewis v. Workmen’s Compensation Appeal Board (Pittsburgh Board of Education), 498 A.2d 800 (Pa. Cmwlth. 1985) (expert must state opinion that condition did result from assigned cause, not merely possibility)