78 Pa. Commw. 274 | Pa. Commw. Ct. | 1983
Opinion by
Anthony Thomas (Claimant) appeals here from an order of the Workmen’s Compensation Appeal Board (Board) affirming a referee’s denial of his claim petition against State Farm Insurance Companies (¡State Farm). We affirm.
Before this Court, Claimant initially contends that the second referee should have only addressed himself to the specific factual issues mentioned by the Board in its remand order, and should not have made factual determinations contrary to those reached by the initial referee. We disagree.
Although this Court has held that a referee’s decision after remand, reversing his prior findings, on the
Pa. Commonwealth Ct. , 460 A.2d 375 (1983); but see Borovich v. Colt Industries, 492 Pa. 372, 424 A.2d 1237 (1981); McGraw-Edison/Power Systems Division v. Workmen’s Compensation Appeal Board, 62 Pa. Commonwealth Ct. 302, 436 A.2d 706 (1981) and LoRubbio v. Workmen’s Compensation Appeal Board, 49 Pa. Commonwealth Ct. 529, 411 A.2d 866 (1980), we believe that this general rule has no applicability to a situation where, as in the present case, the Department, pursuant to provisions of Section 415 of The Pennsylvania Workmen’s Compensation Act,
Claimant next alleges (1) that the Board erred as a matter of law by concluding that he was an independent contractor, (2) that the referee capriciously disregarded evidence indicating that his work responsibilities caused his emotional difficulties, and (3) that the referee capriciously disregarded evidence indicating that he timely notified 'State Farm of his injury. We need only address Claimant’s second allegation of error.
“A capricious disregard of evidence occurs when the referee deliberately disbelieves ‘undoubted testimony or evidence from an apparently trustworthy source as would be repugnant to a man of reasonable
In the present case, the only expert medical evidence produced to establish the connection between Claimant’s emotional problems and the allegedly stressful nature of Claimant’s job was the testimony of Dr. Ali Nourian. Considerable doubt was oast upon the testimony of Dr. Nourian, however, in cross-examination, since he admitted that he was not aware of the fact that Claimant had been misappropriating premium payments due State Farm, and since he testified as follows:
Q. However, if it turns out that there was some other trauma in his life besides the loss of ■his job, or beside the “unfair treatment,” which was responsible for his reactive depression, of course, your opinion here today as you have already expressed would be incorrect.
A. Eight.
In light of this testimony, and in light of the referee’s findings, based on substantial evidence of record that Claimant was misappropriating premiums, and that he did not report this fact to Dr. Nourian, we believe that a reasonable person could conclude, as the referee did, that Claimant failed to establish that his reactive depression was caused by the stressful nature of his job responsibilities, as opposed to the stress generated by his concern over his illegal non job-related activities.
Since Claimant must establish that his injury was causally related to his employment in order to qualify for benefits, Paper Products, Inc. v. Workmen’s Compensation Appeal Board, 67 Pa. Commonwealth Ct.
Order
Now, November 10, 1983, the order of the Workmen’s Compensation Appeal Board at No. A-80674, dated March 4,1982, is affirmed.
The Claim Petition purported to be seeking benefits under the provisions of the Occupational Disease Act, but was treated as a claim brought under the provisions of the Workmen’s Compensation Act. The injury is described in the Claim Petition as “Depression, acute anxiety and hypertension” which was “caused by the pressures and tensions of my employment.”
Act of June 2,1915, P.L. 736, as amended, 77 P.S. §851.