Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

CITY NEW CASTLE v. COMMONWEALTH PENNSYLVANIA (02/25/82)

decided: February 25, 1982.

CITY OF NEW CASTLE, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND HARRY DECARBO, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Harry H. DeCarbo v. City of New Castle, No. A-79216.

COUNSEL

Robert W. Murdoch, Jones, Gregg, Creehan & Gerace, for petitioner.

Thomas M. Piccione, Gamble, Verterano, Mojock, Piccione & Green, for respondents.

President Judge Crumlish, Jr. and Judges Blatt and Craig, sitting as a panel of three. Opinion by Judge Blatt. Judge Palladino did not participate in the decision in this case.

Author: Blatt

[ 65 Pa. Commw. Page 26]

The petitioner, the City of New Castle, appeals an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's determination that the claimant, Harry DeCarbo, suffered a work-related heart attack which was compensable under Section 301(c) of The Pennsylvania Workmen's Compensation Act.*fn1

The claimant had been employed by the petitioner as a fireman for approximately thirteen years and on October 17, 1977 at 4:40 a.m. he was on duty and was aroused out of his sleep by a fire alarm. The City

[ 65 Pa. Commw. Page 27]

    concedes in its brief, that the claimant, as driver of the fire truck, had to get out of bed at once and run to the truck to "heat up" the radio in order to determine where the fire was. He and a fellow fireman then responded to the alarm which proved to be false, and during the return trip to the station he suffered chest pains which he reported to the fire department dispatcher. At approximately 6:00 p.m. that day, the claimant's chest pain recurred and he was admitted to Jameson Hospital for treatment in the coronary care unit where blood tests indicated evidence of a heart attack. He remained in the hospital until October 24, 1977 but approximately three hours after being discharged he began to experience chest pains again and he became unconscious. He was again taken to the hospital where he remained until November 22, 1977 when he was transferred to another hospital for heart catheterization. As a result of that test, he was sent to a Houston, Texas hospital to undergo by-pass surgery. The referee found, the Board agreed, that the claimant suffered a heart attack on October 17, 1977, as a result of an "injury incurred in the course of his employment which was causally related to [his] employment" as a fireman and that he was totally and permanently disabled since the date of the injury.

In a workmen's compensation case, the claimant has the burden of proving that his injury arose in the course of employment, and that it was causally connected with his work. Workmen's Compensation Appeal Board v. Bowen, 26 Pa. Commonwealth Ct. 593, 364 A.2d 1387 (1976). Moreover, where the causal connection between the injury and the disability is not obvious, unequivocal medical testimony is required. Elliot v. Workmen's Compensation Appeal Board, 57 Pa. Commonwealth Ct. 70, 425 A.2d 885 (1981). And where, as here, the party with the burden of proof prevailed before the referee and the Board did not

[ 65 Pa. Commw. Page 28]

    take additional evidence, our scope of review is limited to a determination of whether or not errors of law were committed or necessary findings of fact made by the referee were unsupported by substantial evidence. Rowan v. Workmen's Compensation Appeal Board, 58 Pa. Commonwealth Ct. 56, 426 A.2d 1304 (1981).

The petitioner contends that the Board erred in affirming the referee's decision because (1) the claimant did not suffer a work-related injury, (2) the claimant was not totally and permanently disabled as a result of a work-related injury, and (3) the medical expenses and travel expenses for the heart catheterization and subsequent open-heart surgery were not a direct result of a work-related injury. Inasmuch as the petitioner chose not to present medical testimony below we must, therefore, examine the testimony of the claimant's physician in order to determine whether or not the claimant actually did carry his burden of proof as to the three questions raised by the petitioner.

We believe the petitioner's first contention to be controlled by our decision in Wilkes-Barre v. Workmen's Compensation Appeal Board, 54 Pa. Commonwealth Ct. 230, 420 A.2d 795 (1980), where the claimant, who was also a city fireman, suffered two separate heart attacks while at home -- in one instance three days after working, and in another, approximately six days after working. In upholding the referee's and Board's award there, we recognized "that the mere absence of the magic words 'his work caused his heart attack'" should not preclude the recovery of benefits. Id. at 234, 420 A.2d at 796. We concluded, therefore, that medical testimony need not be given with unqualified certainty in heart attack cases but rather that such medical evidence of record " taken as a whole " must be of an unequivocal nature. Id. at 234, 420 A.2d at 798 (emphasis added). And our close examination of the record here when read in its entirety

[ 65 Pa. Commw. Page 29]

    and when the claimant is given the benefit of all inferences deducible therefrom, discloses that the medical testimony of the claimant's doctor does reasonably*fn2 establish that the three chest-pain episodes occurring on October 17 and 24, 1977 were actually all in one chain of events arising from the claimant's performance of his duties as a fireman for the petitioner. For example, the claimant's physician, Dr. Mohamad O. Taftaf, M.D., testified ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.