49 Pa. Commw. 632 | Pa. Commw. Ct. | 1980
Opinion by
DeBaldo Brothers, Inc. (employer) appeals here from an order of the Workmen’s Compensation Ap
The claimant operated heavy equipment in the course of his employment, and, while he was required to take orders from customers, he testified that he was frequently subjected to intervening and contravening orders from his employer. During the summer of 1976 he was required to operate two different pieces of heavy equipment, which was an unusual and stressful assignment for him, and in September of that year he consulted his physician, Dr. William J. Tiegel, complaining of blurred vision, esophagus spasms resulting in problems in eating and breathing, chest and stomach pains, fatigue, and weight loss. On October 5, 1976, he was told by his employer to disobey the orders of a customer and to leave a job site where he believed that he should have remained. An argument ensued involving the employer, the customer and the claimant, who, as a result, became what he described as “a nervous wreck.” He again saw his physician on the day following and was told to take a major tranquilizer. This, of course, prevented the safe operation of heavy equipment, and the physician advised him against any further exposure to work-generated stress. The claimant, therefore, did not return to work until December 20,1976, and when he applied for workmen’s compensation benefits, such were awarded.
The employer argues first that the certificate of Dr. Tiegel offered in evidence was equivocal and therefore not competent to support the finding of an injury. Having examined the certificate, however, we believe that it was sufficiently definite as to the cause
Where any claim for compensation at issue before a referee involves twenty-five weeks or less of disability, either the employe or the employer may submit a certificate by any qualified physician as to the history, examination, treatment, diagnosis and cause of the condition, and sworn reports by other witnesses as to any other facts and such statements shall be admissible as evidence of medical and surgical or other matters therein stated and findings of fact may be based upon such certificates or such reports.
We must therefore affirm the order of the Board.
Order
And Now, this 7th day of March, 1980, the order of the Workmen’s Compensation Appeal Board in the above-captioned matter is hereby affirmed. Judgment is entered in favor of Thomas Tanski and against DeBaldo Brothers, Inc., and its insurer, Continental Insurance Company. The employer and/or its insur
For payment to William J. Tiegel, M.D. $ 32.00
For payment to William J. Tiegel, M.D. $ 25.00
For payment to Medical Center Pharmacy $ 35.00
E. H. Smith, Jr., M.D., for x-rays, Paid by Blue Shield $103.00
Attorney’s fees shall be deducted from the claimant’s award in the agreed-upon amount. Compensation to bear interest at the rate of 10%.