523 A.2d 1216 | Pa. Commw. Ct. | 1987
Opinion by
Textron, Inc.,—Townsend Co., (employer) appeals from an order of the Workmens Compensation Appeal Board (Board) which adopted and affirmed a referees decision to grant benefits to claimant, Albert Morack, under Section 301(e) of the Pennsylvania Workmens Compensation Act, Act of June 2, 1915, P.L. 736, as amended, added by the Act of October 17, 1972, P.L. 930, 77 P.S. §413.
Claimant was employed as an electroplater which involves the cleaning and polishing of ferrous and nonferrous wire products. On October 7, 1977, in the course of his employment, claimant was drying rivets in a pit when he was pinned in the pit by a hopper. He sustained injuries consisting of a fractured lumbar vertebra, strained right knee and multiple bruises and abrasions. He was awarded workmens compensation benefits which were not contested. The parties agreed to suspend benefits on May 1, 1978. On that date, claimant returned to work as an electroplater wearing a back brace. Claimant sustained various injuries on four different occasions between 1978 and March of 1982. These injuries included injuries sustained from a fall as well as acid burns and a slight reinjury to his back. The acid burns were the result of the splashing of various chemicals which claimant used to perform his responsibilities. In April of 1982, claimant was assigned to work as a bright polish wet barrel operator which involved cleaning, polishing and degreasing ferrous and non
Our scope of review under Section 704 of the Administrative Agency Law, 2 Pa. C. S. §704, requires that we affirm the adjudication of the Board unless we find that this adjudication is in violation of the constitutional rights of the employer, or is not in accordance with the law, or that any findings of fact are not supported by
Employers major challenge to the referees decision involves its contention that no unequivocal medical testimony was presented by claimant to show a causal relationship between claimants depression and the original back injury sustained on October 7, 1977. Therefore, employer concludes, claimants psychological injury could not be causally related to claimants work. Employer points out that claimant sustained the October 7, 1977, original injury while working as a bright polish wet barrel operator but sustained the other less serious injuries as an electroplater, the job to which he was scheduled to return on August 23, 1980, and which scheduled transfer allegedly precipitated the suicide attempt. Thus, it contends that claimant was exposed to relatively normal working conditions. In these circumstances, a work related psychological illness is not compensable under existing case law. See Thomas v. Unemployment Compensation Appeal Board, 55 Pa. Commonwealth Ct. 449, 423 A.2d 784 (1980).
Initially we note that, in his finding of fact # 26, the referee finds that claimants fear of injury is genuine observing that the injury sustained could have been far more serious. Given the undisputed nature of claimants work, and the original physical injury sustained on October 3, 1977, compounded by additional less serious injuries in the ensuing years, this finding is amply supported by the record. Thus, we reject employers contention that claimants fear at work was a subjective reaction to normal working conditions.
This case is similar to, but distinguishable from, Thomas. In Thomas, the claimant, hindered by physical complications resulting from polio, suffered burns and leg injuries in a fire at the refinery at which he was employed on May 17, 1970. He also observed a co-worker suffer fatal injuries from this fire. Claimant experienced subsequent emotional and physical reactions in the form of anxiety, irritability, restlessness, depression, sleeplessness and nightmares and an eventual nervous breakdown. In August of 1975, five years after the initial accident, he was watching a refinery fire on the television evening newscast. The following day he left work early and never returned. He was diagnosed as suffering from post-traumatic neurosis. The Board reversed the referees award of benefits and this Court affirmed the Board concluding that a non-work related event which triggers a psychiatric disability is not a compen
We conclude that claimant has met his burden of proving a psychiatric disability through the presentation of unequivocal medical evidence in the form of Dr. Robbs testimony. We affirm the Board.
Order
Now, April 14, 1987, the order of the Workmens Compensation Appeal Board, dated January 10, 1985, at No. A-87247, is affirmed.
Claimant originally filed a claim petition seeking benefits for a new injury. The referee treated the petition as one for reinstatement of compensation for reasons which are apparent in this opinion.