7 Pa. Commw. 401 | Pa. Commw. Ct. | 1973
Opinion by
This is a workmen’s compensation appeal. Mary Alice Sherred (claimant) was employed by the City of Pittsburgh as a recreation leader when, on August 12, 1968, she suffered a severe back sprain. She was placed on workmen’s compensation as of August 14, 1968 and continued thereon until she returned to work on No
On January 14, 1970, the claimant filed a petition with the Workmen’s Compensation Board (Board)
The testimony before the referee tended to show that the claimant suffered from both physical and psychological ailments as a result of her accident. Dr. David E. Foss testified that the claimant’s back failed to respond to various non-surgical treatments and that he found it necessary to perform a lumbar fusion. This operation was performed on March 5, 1970, but the fusion was subsequently broken as the result of a fall, and an additional fusion was performed on October 5, 1971. Dr. Foss stated that, if this second fusion remained solid, the claimant would be able to return to work within one year, but that she could not lift anything then in excess of twenty-five pounds. As of the date of the hearing, which was about six weeks later, November 18, 1971, Dr. Foss estimated that there was a 90% chance that the operation would prove successful. Dr. Raymond L. Rau testified as to the claimant’s psychological problems. He said that she suffered from a psychoneurosis, basically a severe depression, as a result of her failure to recover from the accident. He said that, if she failed to recover from her back injury, her prognosis was poor, but that, if she did recover physically, she had a better than 50% chance of getting over the psychoneurosis and returning to work.
An examination of the Board’s adjudication, however, reveals that this Court cannot apply this rule as to scope of review because the adjudication fails to include any findings of fact or conclusions of law. Section 418 of the Workmen’s Compensation Act, 77 P.S. §833, specifically provides that the Board “shall make, in writing and as soon as may be after the con
Without findings of fact and conclusions of law, our task in interpreting the Board’s actions would be extremely difficult. Such findings, moreover, should be sufficiently specific to enable this Court in its review to pass upon questions of law. When such findings and conclusions are not specific, let alone not existent, our only course is to remand the decision to the Board so that it may file what is needed to permit fair judicial scrutiny. Frombach v. United States Steel Corp., supra. The courts of this Commonwealth have frequently noted the necessity for findings of facts and conclusions of law in the decisions of other administrative agencies. McKinley v. State Board of Funeral Directors, 5 Pa. Commonwealth Ct. 42, 288 A. 2d 840 (1972) ; Gottshall v. Batt, 71 Dauph. 383 (1958); Water and Power Resources Board v. Jones, 70 Dauph. 284 (1957).
We accordingly make the following
Order
Now, January 25, 1973, the record in this case is remanded to the Workmen’s Compensation Appeal Board with the direction that a proper adjudication be filed herein, in which there shall appear the necessary and proper findings of fact and conclusions of law.
Now the Workmen’s Compensation Appeal Board.
This section has recently been amended by the Act of March 29, 1972, P. L. , No. 61, §12. We express no opinion as to what effect this amendment will have on medieal expenses incurred by the claimant after its effective date.
It might be noted that the Board quoted Dr. Rau as saying that the claimant had only a 5% chance of recovering. Such a figure was taken out of context. Dr. Rau was there referring to the claimant’s chances if she received no psychotherapy or tranquilizers, both of which she was receiving.