62 Pa. Commw. 351 | Pa. Commw. Ct. | 1981
Opinion by
Craig Harlan Stewart (claimant) appeals from an order of the Workmen’s Compensation Appeal Board (Board) which affirmed a referee’s denial of benefits because the claimant had failed to sustain his burden of proving a compensable injury within the meaning of The Pennsylvania Workmen’s Compensation Act (Act).
On January 4, 1977, the claimant filed a claim petition alleging that in October of 1974, about two months after the commencement of his employment at Bryn Mawr Hospital (employer), he sustained a compensable injury when he was struck in the leg by a wheelchair while performing his duties as an escort-
Where the party with the burden of proof did not prevail below, our scope of review is limited to determining whether the findings of fact are consistent with each other and with the conclusions of law and can be sustained without a capricious disregard of competent evidence. Stillman Automatic Center, Inc. v. Workmen’s Compensation Appeal Board, 55 Pa. Commonwealth Ct. 247, 422 A.2d 1233 (1980).
The referee, in denying benefits, specifically rejected the claimant’s testimony that he had been struck on the leg by a wheelchair while in the course of his employment and also found that no such incident had ever been reported to the claimant’s supervisor. The referee further found that neither the phlebitis nor the varicose vein condition was work-related.
The claimant testified that he had informed his supervisor of the accident. The supervisor testified that she had personally informed him during his orientation program that employees were to report any injury, no matter how minor, to her and that, although the claimant had complained constantly of leg pain almost from the beginning of his employment, he had never informed her of any specific incident in which he had sustained an injury.
In a January 20, 1975 interview with the insurance carrier’s claim examiner, a recording of which was admitted into evidence over the claimant’s objection,
The employer’s medical witness testified that the claimant had denied having sustained a bump of any kind and concluded that, in his opinion, the claimant’s medical history did not support a diagnosis of phlebitis and that no causal connection existed between his leg condition and his employment. The claimant presented medical evidence, by way of deposition based upon a medical examination conducted more than two years after the alleged injury. Basing his opinion upon the history given him by the claimant of phlebitis occurring shortly after a severe bumping episode at work and upon a cursory examination of the hospital record, the deposing physician concluded that a causal relationship existed between the alleged injury and the claimant’s phlebitis and varicose vein condition.
Where, as here, no additional evidence was taken by the Board, the referee is the ultimate factfinder as to the credibility and weight to be given conflicting evidence, including medical evidence. City of Scranton, Department of Fire v. Workmen’s Compensation Appeal Board, 43 Pa. Commonwealth Ct. 151, 401 A.2d 889 (1979). The referee, in the exercise of his discretion, may accept or reject the testimony of any witness in whole or in part, and, if the evidence thus accepted is such as a reasonable mind might accept as reasonable to support a conclusion, we are precluded from disturbing the findings of the referee, even in the presence of other evidence to the contrary. American Refrigerator Equipment Co. v. Workmen’s Compensation Appeal Board, 31 Pa. Commonwealth Ct. 590, 377 A.2d 1007 (1977).
We must also reject, the claimant’s contention that at the time of the hearing the referee erred in failing to permit him access, prior to his testifying, to the previously recorded statement taken by the employer’s insurance carrier. Workmen’s compensation authorities are not bound by the common law or statutory rules of evidence, and all that is required is that their findings of fact shall be based upon sufficient competent evidence. Section 422 of the Act, 77 P.S. §834. The claimant here, even if denied prior access to his
Order
And Now, this 12th day of November, 1981, the order of the Workmen’s Compensation Appeal Board denying benefits in the above-captioned case is hereby affirmed.
Section 301(c)(1) of The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S, §411(1).