Weis Markets, Inc. v. WCAB (Roman)
Weis Markets, Inc. v. WCAB (Roman) - 1628 C.D. 2016
| Pa. Commw. Ct. | Mar 31, 2017Background
- Claimant (assistant store manager) slipped at work on 12/20/2011 and suffered left knee injury; Employer initially acknowledged left knee strain/sprain; Claimant later had surgeries on both knees.
- Claimant had preexisting mild chronic depression controlled with medication and functioning; after the injury he experienced severe worsening — multiple hospitalizations, electroconvulsive therapy, increased medications, and suicide risk.
- Employer filed a petition to terminate/suspend compensation in June 2012; Claimant filed petitions to amend the NCP to add a right-knee injury and to add psychiatric conditions (major depressive disorder, PTSD, anxiety) and related medical billing.
- The WCJ amended the NCP to add bilateral meniscal tears and an exacerbation/worsening of recurrent major depression/chronic pain syndrome, and denied Employer’s termination petition; Board remanded for consideration of all evidence; after remand the WCJ again granted Claimant’s petitions; the Board affirmed; Employer appealed to this Court.
- The central factual dispute concerned causation: whether Claimant’s psychiatric worsening was caused by the work-related physical injuries (physical/mental claim) or instead by nonwork stressors (argued by Employer).
Issues
| Issue | Roman's Argument | Weis's Argument | Held |
|---|---|---|---|
| Whether the physical/mental standard applies (mental injury caused by work-related physical injury) | The knee injury and resulting chronic pain directly exacerbated preexisting major depression; medical testimony links worsening to the accident | The depression worsening was caused by long‑standing social/family pressures, financial issues, loss of active status, and loss of health coverage — not the knee injury | Physical/mental standard applies; WCJ crediting medical testimony supporting causation was proper |
| Whether Claimant proved a compensable psychiatric injury causally related to the work incident | Expert (Dr. Fischbein) testified the preexisting depression was exacerbated by the 12/20/11 injuries and chronic pain syndrome caused by those injuries | Employer argued the record lacks substantial competent evidence connecting the psychiatric condition to the work injury | Held that Claimant met burden; expert testimony provided substantial competent evidence of causal connection |
| Whether the WCJ’s credibility determinations were supported | WCJ found Claimant and Dr. Fischbein credible and relied on their testimony | Employer contended credibility was misplaced and findings unsupported | Court defers to WCJ credibility findings; substantial evidence supports them |
| Whether addition of psychiatric condition to NCP was legally permissible under Section 413 | The amendment is proper if disability increased and original injury caused the new disability | Employer disputed causation and argued the amendment was unwarranted | Court affirmed amendment under Section 413 because claimant proved increased disability causally related to work injury |
Key Cases Cited
- Murphy v. Workers’ Compensation Appeal Board (Ace Check Cashing, Inc.), 110 A.3d 227 (Pa. Cmwlth. 2015) (distinguishes physical/mental and mental/mental standards for psychiatric claims)
- Commercial Credit Claims v. Workmen’s Compensation Appeal Board (Lancaster), 728 A.2d 902 (Pa. 1999) (claimant must prove causal relationship between work injury and psychiatric injury to amend NCP)
- Ryan v. Workmen’s Compensation Appeal Board (Community Health Services), 707 A.2d 1130 (Pa. 1998) (same principle on causation for psychiatric claims)
- Huddy v. Workers’ Compensation Appeal Board (U.S. Air), 905 A.2d 589 (Pa. Cmwlth. 2006) (burden on claimant under section 413 to show increased disability and causal relation to original injury)
- Jeannette District Memorial Hospital v. Workmen’s Compensation Appeal Board (Mesich), 668 A.2d 249 (Pa. Cmwlth. 1995) (where connection not obvious, unequivocal medical evidence is required)
- Lewis v. Workmen’s Compensation Appeal Board, 498 A.2d 800 (Pa. 1985) (medical witness must opine causation in professional opinion)
- Phoenixville Hospital v. Workers’ Compensation Appeal Board (Shoap), 2 A.3d 689 (Pa. Cmwlth. 2010) (credibility determinations are for the WCJ and are accorded deference)