Morgan v. Giant Markets, Inc.
Morgan v. Giant Markets, Inc.
Opinion of the Court
OPINION OF THE COURT
This is an appeal from the Commonwealth Court’s reversal of a workmen’s compensation award in favor of appellant. The sole question presented is: Do the following facts, as testified to by appellant, make out a case of causation between the work incident and the appellant’s injury?
Appellant, William Dennis Morgan, was employed by appellee, Giant Market’s, Inc., as a driver of a baked goods
Within a few days, appellant visited the company doctor. Following a second visit, he was referred by the company doctor to an orthopedic surgeon, under whose care appellant remained for approximately three months. Appellant visited the orthopedic surgeon on ten occasions during this period for various examinations and treatment of lower-back muscle spasms. No medical witnesses testified on behalf of appellant. However, medical bills showing said treatment and the costs were introduced into the record.
The Commonwealth Court held, as a matter of law, that the above facts do not establish the causation because no medical testimony linking the work incident and the injury had been produced. The court relied on Montgomery Mills Co. v. Workmen’s Compensation Board of Appeals, 26 Pa. Cmwlth. 471, 364 A.2d 508 (1976) which held:
“The long-established rule is that unequivocal medical testimony is required to establish a causal connection between an accident and a disability only where the connection is not obvious”. E. g., Workmen’s Compensation Appeal Board v. Czepurnyj, 20 Pa.Cmwlth. 305, 310, 340 A.2d 915, 918-19 (1975). Id., 26 Pa.Cmwlth. at 473, 364 A.2d at 508-09 (Emphasis added).
In interpreting Montgomery Mills, supra, the court held that in the instant case the causal connection between the work incident and the injury was not obvious, and, therefore, medical testimony was needed.
Accordingly, we reverse the Commonwealth Court and reinstate the decision of the Workmen’s Compensation Board of Appeals awarding appellant compensation benefits.
Dissenting Opinion
dissenting.
I dissent.
An award of workmen’s compensation may not be made where there is no obvious causal connection between the work incident and the injury unless causation is established by unequivocal medical testimony. Munns v. Easthome Furniture Industries, Inc., 193 Pa.Super. 61, 164 A.2d 30 (1960); Montgomery Mills Co. v. Workmen’s Compensation Appeal Board, 26 Pa.Cmwlth. 471, 364 A.2d 508 (1976); Workmen’s Compensation Appeal Board v. Czepurnyj, 20 Pa.Cmwlth. 305, 340 A.2d 915 (1975).
The circumstances surrounding the incident do not establish an obvious causal relationship between the work inci
Reference
- Full Case Name
- William Dennis MORGAN, Claimant-Appellant, and Workmen’s Compensation Appeal Board v. GIANT MARKETS, INC., Appellee
- Cited By
- 56 cases
- Status
- Published