Snyder v. Workmen's Compensation Appeal Board
Snyder v. Workmen's Compensation Appeal Board
Opinion of the Court
Opinion by
This appeal results from an order of the Workmen’s Compensation Appeal Board (Board), which reversed the order of a referee assessing attorneys’ fees for unreasonable contest against the employer, U.S. Steel Corporation (employer).
The present controversy was initiated when the claimant, Geraldine Snyder, filed a fatal claim petition
Following the initial hearings in January and March, 1983, a continuance was requested and granted for the purpose of securing medical testimony. Claimant thereafter submitted the deposition of the Allegheny County Coroner, Dr. Joshua A. Perper, who had reviewed the original autopsy report following the deceaseds fetal heart attack. Dr. Perper was of the opinion that the claimants heart attack was work related, and testified unequivocally to that effect.
After two more continuances, the employer on October 19, 1983, submitted as its medical evidence a medical report letter of Dr. Larry E. Hurwitz. Dr. Hurwitz, while concurring with Dr. Perper “that the most likely cause of death was a cardiac arrhythmia,” stated that “it is impossible to state with any degree of medical certainty that there was a relationship between his sudden death and his occupational activities.” This latter opinion followed the physicians noting of the deceaseds severe arteriosclerotic occlusion, and the evidence that immediately before the heart attack the deceased had ingested caffeine, a “cardiac stimulant that can increase myocardial oxygen demands and/or cause a sudden acceleration of heart rhythm thus resulting in a cardiac arrhythmia.”
Whether an employer’s contest of a workmen’s compensation claim has been “reasonable” is a question of law, subject to review by both the Board and this Court. Stone Container Corp. v. Workmen's Compensation Appeal Board, 50 Pa. Commonwealth Ct. 384, 388, 413 A.2d 17, 19 (1980). The relevant provision of the Workmen’s Compensation Act (Act)
[i]n any contested case where the insurer has contested liability in whole or in part, the employe or his dependent ... in whose favor the matter at issue has been finally determined shall be awarded ... a reasonable sum for costs incurred for attorney’s fee[s]. . . . Provided, that cost for attomey[’s] fees may be excluded when a reasonable basis for the contest has been established[.]
Id. 77 P.S. §996. Claimant maintains on two grounds that the Board has erred in determining that a reasonable contest under Section 440 was undertaken by the employer. We disagree.
Claimant first argues that an unreasonable contest is evidenced by the feet that at the time the employer
Claimant further alleges that an unreasonable contest is reflected in the failure of the employer to effec
Notwithstanding claimant’s assertion that the introduction of Dr. Hurwitz’s medical report was no more than a device to delay the proceedings, there is no record evidence suggesting that the employer’s contest was frivolous or undertaken solely for the purposes of harassment. See Landis II, 43 Pa. Commonwealth Ct. at 495, 402 A.2d at 724-25. Accordingly, we affirm.
Now, June 10, 1986, the order of the Workmens Compensation Appeal Board at A-87775, dated April 1, 1985, is hereby affirmed.
The claimant later testified that the deceased was worried about losing his job due to the frequent layoffs occurring at the employers steel mill. (N.T., 1/25/83, at 11). In addition, co-workers of the deceased testified that his occupational tasks involved both mental and physical stress. (N.T., 3/2/83, at 12, 15, 24-25; 34-35).
Act of June 2, 1915, P.L. 736, 77 P.S. §§1-1065.1.
While stating that the cause of death was cardiac arrhythmia, the coroners report gave no opinion concerning whether the arrhythmia was work related.
Reference
- Full Case Name
- John W. Snyder, Geraldine T. Snyder, Widow v. Workmen's Compensation Appeal Board (United States Steel Corporation)
- Cited By
- 1 case
- Status
- Published