14 Pa. Commw. 413 | Pa. Commw. Ct. | 1974
Opinion by
This is an appeal by the employer from an award of workmen’s compensation for total disability. Claimant-appellee was injured as a result of a compensable accident when he fell from a ladder striking his back. The referee found that claimant-appellee “was totally disabled by his accidental injury of January 25, 1971, up to and including the present time.” The Workmen’s
Our scope of review in this case is limited. As stated by Judge Blatt in Leipziger v. Workmen’s Compensation Appeal Bocurd, 12 Pa. Commonwealth Ct. 417, 419, 315 A. 2d 883, 885 (1974): “On appeals to this Court in workmen’s compensation cases, our scope of review is limited to a determination of whether or not constitutional rights were violated, an error of law was committed, or any necessary finding of fact was unsupported by substantial evidence. (Citation omitted.) And where, as here, the Board has taken no additional evidence, we must rely on the facts as found by the referee if they are supported by sufficient competent evidence.” (Citation omitted.) We are also mindful that “it is our duty to examine the record and determine, not whether we would have made the same findings as the authorities, but whether the evidence is such that a reasonable person, acting reasonably, might reach the same conclusion on the facts as did those authorities.” Hershey Estates v. Workmen’s Compensation Appeal Board, 9 Pa. Commonwealth Ct. 470, 472, 308 A. 2d 637, 638 (1973).
In its brief, appellant concedes that the “accident resulted in total disability for a maximum of six months, but contends that there is no competent medical evidence to support a finding that said disability existed for any more than six months as a maximum.”
A careful review of the entire record reveals that there was substantial evidence to support a finding that
Appellant also raises an argument involving the legal sufficiency of the testimony of Dr. Sussman, claim
Turning to Dr. Sussman’s testimony: “Q. Doctor, do you have an opinion based upon the history given you by Mr. Hubbard and your examinations of Mr. Hubbard and your treatment of Mr. Hubbard as to whether or not his disability today, inability to work, is related to the accident of January 25, 1971? A. There is a relationship, and although he did have osteoarthritis prior to the accident, it was by history in an asymptomatic state. The trauma experienced during his fall precipitated a series of manifestations as exemplified by pain,
Appellant’s final argument is that the compensation authorities erroneously included hospital expenses for May and June, 1971 in the award to claimant-appellee. During those months, claimant-appellee was hospitalized for treatment of thrombosis which, in Dr. Suss-man’s words, had “no connection at all with the accident.” We can find no evidence in the record which would support a finding that the hospital expenses for those months were incurred as a result of the accident.
Accordingly, we enter the following
Order
Now, July 24, 1974, it is hereby ordered that judgment be entered on behalf of McKinley Hubbard and against the Harrisburg Housing Authority and/or its insurance carrier whereby they are directed to pay to McKinley Hubbard compensation for total disability at the rate of $60.00 per week, beginning January 25, 1971, and continuing within the meaMng and limitations of the Pennsylvania Workmen’s Compensation Act, together with interest at the rate of six percent per annum on all deferred amounts of workmen’s compensation payable hereunder, with credit to the appellant and/or its insurance carrier for any workmen’s compensation
Harrisburg Hospital $842.40
Harrisburg X-Ray Associates 18.00
A. Z. Ritzman Associates 30.00
Emerald Drug Store 23.25
Dr. Nathan Sussman 492.00
Dr. Bittenbender and Dr. Patterson 30.00
Cardiovascular and Thoracic Associates 30.00 McKinley Hubbard 43.00
Interestingly, appellant, in its appeal from the referee’s decision, conceded a disability of only three months’ duration.
“Q. . . . —so you wouldn’t necessarily disagree with that statement of Dr. Goodman? A. Right, the immediate effect of the trauma certainly would subside within a three month period, hut again considering his underlying disease, which was quiescent prior to the episode, plus secondary phenomena, have to be considered as potentiating his symptoms.”