87 Pa. Commw. 428 | Pa. Commw. Ct. | 1985
Opinion by
On January 29, 1982, a referee awarded disability benefits to Paul A. Weaver (Claimant) for the loss of use of his left eye pursuant to Section 306(c) of The Pennsylvania Workmen’s Compensation Act.
Claimant was employed by the Pennsylvania Power Company in Shipping-port, Pennsylvania (Employer) as a mechanical maintenance repairman. On October 9, 1978, Claimant was welding iron onto a grating when he struck an arc with his welding rod causing an intense light flash a few inches in front of his left eye. Claimant testified before the referee that at the time of the flash he experienced a severe pain which began in his left eye and extended across his forehead, down the right side of his head and into his neck. The following day, he went to see an optometrist, Dr. Bartolovich, who found nothing wrong.
The referee found as a fact that Claimant had suffered an occupational injury on October 9,1978, which resulted in his partial blindness. Claimant argues that this finding was correctly based on his own testimony and therefore must not be overturned simply because evidence to the contrary was also introduced.
In a workmen’s compensation case, where no additional testimony is taken by the Board, questions of credibility are indeed the sole province of the referee. Universal Cyclops Steel Corp. v. Krawcsynski, 9 Pa. Commonwealth Ct. 176, 305 A.2d 757 (1973). Where the party with the burden of proof has prevailed before the referee, this Court’s scope of review is limited to a determination of whether an error of law has been committed or whether any necessary findings of fact are not supported by substantial evidence. JAB Enterprises, Inc. v. Workmen’s Compensation Appeal Board (Haehn), 79 Pa. Commonwealth Ct. 638, 470 A.2d 210 (1984).
But, the well-established rule underpinning this standard of review is that unless there is an obvious causal connection between an injury and a disability, the connection must be proved by unequivocal medical evidence. Burton v. Workmen’s Compensation Appeal Board, 60 Pa. Commonwealth Ct. 476, 431 A.2d 1164 (1981).
Claimant next asserts that medical testimony was unnecessary because the causal link was obvious. He relies primarily on the case of Montgomery Mills Co. v. Workmen’s Compensation Appeal Board, 26 Pa. Commonwealth Ct. 471, 364 A.2d 508 (1976). In Montgomery Mills the claimant fell on his back and immediately began to experience pain in his back, which within a few days caused him to seek medical attention. He was then diagnosed as suffering from a back injury, and the connection to his fall was found to be obvious. Claimant’s case is distinguishable as involving a disability with an indirect cause, rather than an injury resulting from a direct impact or strain applied to a specific part of the body. We believe that the rationale of cases like Montgomery Mills must be carefully applied so as to extend only to situations where the existence of a causal connection
For these reasons we conclude that the referee’s finding of fact regarding a causal connection between Claimant’s disability and his work-related injury is not supported by substantial evidence in the record. The decision of the Board is therefore affirmed.
Order,
Now, February 7, 1985, the order of the Workmen’s Compensation Board of Appeal, No. A-83111, dated August 4, 1983, is hereby affirmed.
Aot of June 2, 1915, P.L. 736, as amended, 77 P.'S. §513(7).
No specific findings of fact concerning Claimant’s course of treatment following bis accident were made by either the referee or tibe Board. The testimony of all the witnesses however, consistently establishes that Claimant suffered deteriorating- vision in his left eye for some time following the incident. Dr. Bartolovich was not a witness in this proceeding.