35 Pa. Commw. 477 | Pa. Commw. Ct. | 1978
Opinion by
The City of Hazleton (City) has appealed the decision of the Workmen’s Compensation Appeal Board (Board) which affirmed a referee’s award of benefits to Anthony M. DeCnsatis (Claimant) under the provisions of The Pennsylvania Workmen’s Compensation Act, Act of June 2,1915, P.L. 736, as amended, 77 P.S. §1 et seq.
Claimant was employed by the City as a fireman for over 21 years and served as its Fire Chief during the 14 months of his employment preceding his resignation, which became effective January 31, 1974. On April 8, 1974, he filed a claim petition under The Pennsylvania Occupational Disease Act, Act of June 21, 1939, P.L. 566, as amended, 77 P.S. §1201 et seq., alleging that he had been totally disabled by emphysema, an occupational disease compensable under Section 108(o) of that Act, 77 P.S. §1208(o).
The City appealed to the Board on the grounds that the evidence did not support the findings, that the post-June 1, 1973 exposure was insignificant, and that Claimant’s medical evidence was incompetent. The Board amended the date of disability from February 1, 1974 to March 25, 1974, the date Claimant’s doctor found him totally disabled, but otherwise affirmed the award. In the course of its opinion, the Board stated that the award of benefits had been made under Section 108(o) of the Workmen’s Compensation Act, 77 P.S. §27.1 (o).
The City makes the following contentions:
(1) the Board’s action remanding the case to the referee was inconsistent with our Order;
(2) the referee and Board erred in allowing the amendment of the claim petition since the statute of limitation in force at the time Claimant became disabled (March 25, 1974) had run before the amendment;
(3) the referee and Board incorrectly applied the Act’s presumption with respect to the employment-related nature of certain occupational diseases;
(5) there was no substantial evidence to support a finding of causal relationship between the post-June 30, 1973 exposure and the disability.
We find all of these contentions meritless and affirm.
First, the Board’s action in remanding the case to the referee was not violative of the directives in our earlier opinion. Though we stated that the case had to be remanded “for a proper determination under the Occupational Disease Act,” we also recognized Claimant’s right to amend his petition. Thus, not only was the remand to the referee not contrary to our opinion, it was an action which allowed Claimant to accomplish an objective, the propriety of which we had already specifically endorsed.
Nor was the amendment barred by the Workmen’s Compensation Act’s statute of limitations, Section 315 of the Act, 77 P.S. §602. It is well settled that the Workmen’s Compensation Act’s statute of limitation is procedural in nature and does not affect a claimant’s substantive right to benefits, and that therefore amendments to the statute operate retroactively. Seneca v. Yale & Towne Mfg. Co., 142 Pa. Superior Ct. 470, 16 A.2d 754 (1941). Thus, where a claimant filed after the statutory deadline in effect at the date of injury, but the statute is amended effective before the expiration of the original deadline so as to extend the time for filing, and the filing is timely under the amended statute, the claim is governed by the amended statute, and the claimant thus benefits from the extension of time. Bakaisa v. Pittsburgh & West Virginia Railroad Co., 149 Pa. Superior Ct. 203, 27 A.2d 769 (1942); Seneca v. Yale & Towne Mfg. Co., supra; Matkosky v. Midvale Co., 143 Pa. Superior Ct. 197, 18
The City’s last three contentions address the merits of the claim and, basically, resolve themselves into a challenge to the sufficiency of the evidence to support the referee’s findings of disability resulting from an occupational disease and of exposure to the hazard of the disease after June 30, 1973. It argues that the referee erred in accepting the opinion of Claimant’s physician, a general practitioner, that Claimant was totally and permanently disabled by heart and lung disease due to stress and the inhalation of smoke and fumes in the course of his work as a fireman, while rejecting that of the City’s physician, an internist with a sub-specialty in pulmonary disease, who testified that Claimant had no lung disease and that whatever heart disease he had did not result from his em
It is settled beyond question that the scope of review of this Court in workmen’s compensation cases is limited to a determination of whether the necessary findings of the referee are unsupported by substantial evidence, an error of law has been committed, or constitutional rights have been violated. The credibility of witnesses, including medical witnesses, and the relative weight to be given their testimony, is exclusively for the referee to determine; and we may not substitute our judgment on the matter for his. Aluminum Company of America v. Workmen’s Compensation Appeal Board, 33 Pa. Commonwealth Ct. 33, 380 A.2d 941 (1977); Cole Steel Equipment Corp. v. Workmen’s Compensation Appeal Board, 14 Pa. Commonwealth Ct. 454, 322 A.2d 743 (1974). Here, the qualifications of the two physicians may affect the relative weight given to their testimony, but it certainly does not render Claimant’s physician incompetent as a matter of law to testify as to the existence of a disease and to medical causation. His testimony, therefore, constitutes substantial evidence supportive of the finding that Claimant was totally disabled from heart and lung disease caused by stress and by heat, smoke, gas and fumes encountered in the course of his firefighting duties. Since the evidence is sufficient of itself to support the finding that Claimant’s occupational disease arose out of and in the course of his employment, we need not decide whether the presumption to that effect, created by Section 301(e) of the Act, 77 P.S. §413, is applicable to his disability.
Accordingly, we
Ceder
And Now, this 24th day of May, 1978, the decision of the Workmen’s Compensation Appeal Board is af
Section 108(o) of the Occupational Disease Act provides: The term ‘occupational disease,’ as used in this act, shall mean only the following diseases:
*480 (o) Diseases of the heart and lungs, resulting in either temporary or permanent total or partial disability or death, after four years or more of service in fire fighting for the benefit or safety of -the public, caused by extreme overexertion in times of stress or danger or by exposure to heat, smoke, fumes or gases, arising directly out of the employment of any such firemen. The Commonwealth shall pay the full amount of compensation for disability under this clause.
Section 108(o) of the Workmen’s Compensation Act is identical to Section 10S(o) of the Occupational Disease Act (see n. 1) except that it does not contain the last sentence.
Though we need not reach the issue, and hence do not decide it, we believe that the statute of limitations would not apply to the amendment of a claim brought under the Occupational Disease Act to one under the Workmen’s Compensation Act in any event, and hence would not bar the instant claim even if time had expired under the amended statute. In such a situation, the original filing is clearly sufficient to put the employer-defendant on notice as to the nature and circumstances of the claim, thereby fulfilling the purpose underlying the statute of limitations. Horn v. Lehigh Valley Railroad Co., 274 Pa. 42, 117 A. 409 (1922).