71 Pa. Commw. 194 | Pa. Commw. Ct. | 1983
Opinion by
This is an appeal by Boberta Marincov (Claimant) from a decision and order of the Workmen’s Compensation Appeal Board (Board) affirming a referee’s denial of her petition for death benefits. We affirm.
Claimant’s husband, Milan Marincov, (Decedent) was a police officer for the City of Washington. In 1962 he suffered a heart attack while making an arrest. Thereafter, Decedent was assigned light duty by the police department, his primary job being that of desk sergeant. In July, 1977, however, a change in the department’s staffing policy resulted in Decedent’s being assigned to the patrol car known as “Car Number One.”
Before this Court, Claimant initially contends that she was prejudiced by the fact that two of the three members of the Board who heard oral argument in this matter resigned prior to the issuance of the Board’s decision and because said decision was authored by a member of the Board who was not a member at the time of the argument. She .accordingly urges that we
Claimant next argues that the findings of fact rendered by the referee were insufficient in that they neither addressed the issues presented in the case nor resolved the conflict in the medical evidence presented as to the crucial issue of the causal connection between Decedent’s employment and his death. We agree with Claimant’s assessment as to what is the crucial issue in the instant matter, but we disagree as to the purported insufficiency of the referee’s findings. While the referee’s findings herein are undeniably spare, finding number eight, which is that Decedent’s death neither resulted from nor was caused by his employment, accurately paraphrases the expert opinion of the doctor who testified for the City of Washington. Said doctor’s testimony was the only evidence presented in direct support of such a finding and thus this Court is able to freely reason back to determine which medical testimony was accepted and which was rejected by the referee in arriving at the conclusion he did. See Marchs v. Workmen’s Compensation Appeal Board, 65 Pa. Commonwealth Ct. 107, 442 A.2d 9 (1982). Therefore, as the referee’s findings are dis-positive as to what was the crucial issue before him and as the referee need neither break down the finding as to such an ultimate fact into subordinate facts, Doloff v. Willie Buick Co., 158 Pa. Superior Ct. 453,
The Court must also reject Claimant’s contention that the finding of fact that Decedent’s death was not caused by or related to his employment was not supported by competent evidence. Claimant predicates this contention on what she perceives to be the failure of the doctor for the City of Washington to read and consider the testimony of Decedent’s co-workers regarding the effect the assignment to “Car Number One” was having on Decedent. This perception derives from the doctor’s failure, when queried as to the materials he considered in formulating his opinion, to specifically identify the testimony of the other policemen as something he reviewed, plus aspects of the doctor’s testimony which Claimant believes are contrary, to that presented by the officers. Aside from the fact that Claimant’s contention goes to the credibility and weight to be afforded the doctor’s testimony, a matter within the province of the referee,
Claimant’s fourth challenge herein is that the referee’s decision reflects a capricious disregard of the evidence presented. It was Claimant’s burden, as the person filing a fatal claim petition, to establish that Decedent’s death was related to his employment. Krawchuk v. Philadelphia Electric Co., 497 Pa. 115, 439 A.2d 627 (1981). Where, as here, the party with the burden of proof did not prevail below, this Court’s scope of review is limited to determining whether the referee’s findings are consistent with each other and with the conclusions of law and whether they can be sustained without a capricious disregard of competent evidence. Hepp v. Workmen’s Compensation Appeal Board (B.P. Oil Co.), 67 Pa. Commonwealth Ct. 330, 447 A.2d 337 (1982). Questions of evidentiary weight and credibility and the resolution of conflicts in the medical testimony are for the referee, not this Court. Cox v. Workmen’s Compensation Appeal Board, 60 Pa. Commonwealth Ct. 59, 430 A.2d 1009 (1981). In the case at bar, the resolution of the ultimate issue, i.e., whether Decedent’s fatal heart attack was caused by his employment, hinged on the resolution of the conflict between the two doctors who stated that it was and the doctor who was of the unequivocal opinion that it was not. The referee elected to accept the expert opinion of the latter. This is not a capricious disregard and we are not free to overturn the referee’s decision. Cox.
Finally, Claimant seeks a rehearing on the grounds that the referee’s precluding as hearsay her testimony as to statements made by Decedent concerning the effect the assignment to “Car Number One” was having on him was in error. She similarly challenges the referee’s limitation of the testimony of Decedent’s fel
Order
Now, January 14, 1983, the opinion and order of the Workmen’s Compensation Appeal Board in the above captioned matter, No. A-78444, is hereby affirmed.
Claimant alleges that the assignment of “Oar Number One” was designed to motivate Decedent to accept early retirement. A letter from the Mayor of the Oity of Washington to Decedent, however, indicates that the assignment was part of a program to put more officers in the field by having civilians assume clerical and administrative duties and that the implementation of such a program was a precondition ,to the receipt of special federal funding.
Finding oí Fact Number 8 in the reieree’s decision.
City of Williamsport v. Workmen’s Compensation Appeal Board, 55 Pa. Commonwealth Ct. 618, 423 A.2d 817 (1980).