Dunn v. Department of General Services
Dunn v. Department of General Services
Opinion of the Court
Opinion by
Isabel M. Dunn (Petitioner) has petitioned for review of an order of the Department of General Services
Commissioner Dunn suffered a fatal heart attack on May 16, 1985, shortly after conducting a tour of the Pennsylvania State Police Academy in Hershey, Pennsylvania. The State Police filed a claim, on behalf of Petitioner, for the death benefit provided for in Act 101. The Bureau denied the claim, concluding that Commissioner Dunns “death did not occur in the performance of duty.” Upon Petitioners appeal to the Department, a hearing examiner was appointed, and the case was presented with a stipulation of facts, depositions of physicians and affidavits. The Department hearing examiner concluded that “Commissioner Dunn was not killed in the performance of his duties as State Police Commissioner, since the cause of death did not arise from the performance of those duties.” Conclusion of law No. 2. Petitioner has petitioned for review.
Petitioner first asserts the hearing examiner erroneously applied the “unusual strain doctrine” in determining eligibility under Act 101. Petitioner argues that the unusual strain doctrine developed in heart attack cases under the Workmens Compensation Law
A heart attack can be an “injury” under Act 101. Crouse v. Department of General Services, 116 Pa. Commonwealth Ct. 43, 540 A.2d 1015 (1988). However, an injury under Act 101 is not compensable where a causal connection has not been established. Township of Ross v. Department of General Services, 116 Pa. Commonwealth Ct. 532, 542 A.2d. 613 (1988); Crouse; Section 3 of Act 101. The issue, then, is whether the hearing examiners finding that a causal connection had not been established is supported by substantial evidence. This is Petitioners next argument..
It is not disputed that Commissioner Dunn suffered three heart attacks prior to the fatal one on May 16, 1985, nor that his heart was damaged by the three earlier attacks. George R. Moffitt, M.D., was deposed and, based on his review of information given him by the Bureau,
Subsequent to his deposition, Dr. Moffitt reviewed additional evidence, following which he sent a letter which states:
I reviewed the additional affidavit of Captain Edgar Richards and Walter F. Junkins.
These descriptions, particularly that of Captain Richards, delineates [sic] in detail the tour of the Police' Academy by Commissioner Dunn and the guest, General Cromartie. After review of this document, I find nothing in ft to substantiate any activity that Commissioner Dunn performed that would- have precipitated cardiac sudden death that would not have occurred otherwise.*523 Mr. Dunns death was the result of far advanced, well documented coronary artery disease and •was due to the natural progression of the disease process and not precipitated by any activity occurring immediately prior to his death.
Although conflicting medical evidence was presented, the deposition and letter of Dr. Moffitt constitute substantial evidence for the hearing examiners decision.
Petitioner next argues that the Department is bound by the finding of the Workmens Compensation Bureau that Commissioner Dunns death, was work-related.-We cannot agree. Act 101 is in no way related to the Law; Act 101 contains its own eligibility requirements and there is. absolutely no indication that the legislature intended the Law to impact upon Act 101. Accordingly, we will not burden either the Workmens Compensation Bureau or the Department with the determinations made by the other. Township of Ross.
Finally, Petitioner argues that the Department was required to award the benefit because the Pennsylvania State Police had certified that Commissioner Dunns death occurred as a result of an injury sustained in the performance of duty. This argument appears to stem from confusion concerning the procedure in Act 101 cases. In Lang v. County of Delaware, 88 Pa. Commonwealth Ct. 452, 457 n. 1, 490 A.2d 20, 24 n.1 (1985), we stated that if there is a factual dispute as to whether death occurred during the performance of duties, the issue is subject to a due process hearing before the Department. The procedure discussed there, however, was based on the assumption that a political subdivision would contest whether death occurred during the performance of duties. Such a contest was likely prior to the amendment to Act 101 made in 1981. The amendment, however, makes it unlikely that a political subdivision will contest the performance of duty issue. We
Thus, the present scenario is the one we are most likely to face. Because the political subdivision will be bearing no fiscal risk, it is unlikely a contest will arise at the initial stage of a claim (i.e., between survivor and political subdivision). With this scenario in mind, Petitioners argument becomes abundantly clear. The political subdivision was not a protestant in this proceeding. Instead, the Bureau became a protestant and also the initial adjudicator of the claim it was protesting. As we noted in Murphy v. Township of Abington, 88 Pa. Commonwealth Ct. 491, 497, 490 A.2d 483, 486 (1985), this sort of commingling of the functions of judge and litigant is repugnant to due process.
Ironically, the situation we were concerned with in Murphy was one where the political subdivision, not the Bureau, had assumed the roles of both litigator and adjudicator. Id. at 497, 490 A.2d at 486. In that case, the political subdivision refused to certify that death oc
Thus, we are faced with the question of whether the procedure utilized in the present case comports with the legislative intent. As noted earlier, the Department hearing examiner resolved the factual dispute by finding there was no causal connection, and that finding is supported by substantial evidence. However, resolution of that issue does not answer the question now presented, which is whether the Bureau may, sua sponte, raise factual disputes which were not presented to it by the political subdivision or the survivor. For the reasons which follow, we hold that it may.
Our decision is guided by Murphy, or, more exactly, the differences between Murphy and the present case. A political subdivisions refusal to provide requested certification would have the effect of preventing a survivor from obtaining a hearing; the case would end, in many instances, with the political subdivisions refusal. We noted in Murphy that an appeal from such a refusal could be taken to the court of common pleas, and that
In the present type of case, an adverse determination by the Bureau need not end the case. Instead, as we noted in Murphy, an appeal process is already in place and may be utilized by the survivor. Upon appeal, the Department appoints a hearing examiner, a hearing is available, evidence is taken, and findings of fact and conclusions of law are set forth. The Departments determination is then appealable to this court. Regulations dealing with the appeal process have been promulgated at 4 Pa. Code §§89.1-89.35. These regulations, in conjunction with caselaw interpreting Act 101, have established an orderly process for review and have cured any commingling of functions problem. Thus, because there is an appeal process in place, we do not face the problem addressed in Murphy. As long as the Departments findings are supported by substantial evidence and there are no errors of law or violations of constitutional rights, we will not disturb the Departments decision.
Accordingly, the order of the Department is affirmed.
Order
And Now, June 3, 1988, the order of the Department of General Services in the above-captioned matter is affirmed.
Our scope of review is confined to determining whether findings are supported by substantial evidence, whether constitutional rights were violated' or whether an error of law was committed. Seybold v. Department of General Services, 107 Pa. Commonwealth Ct. 349, 528 A.2d 999 (1986) (Seybold II).
The Pennsylvania Workmens Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §§1-1601.1.
Dr. Moffitt reviewed an investigative report of the Pennsylvania State Police, Commissioner Dunns death certificate and correspondence from Commissioner Dunns attending physician, Donald C. Durbeck, M.D.
Lang also held that this payment procedure was retroactive to the effective date of the original act (January 1, 1976). Id. at 457, 490 A.2d at 24.
The political subdivisions refusal was based on its assertion that it was contesting the performance of duty issue in the decedents workmens compensation proceeding.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.