Opinion
Argued December 4, 1979
January 8, 1980.
Workmen's compensation — Heart attack — Causation — The Pennsylvania Workmen's Compensation Act, Act 1915, June 2, P.L. 736 — Credibility — Conflicting evidence.
1. A finding supported by competent medical evidence that the heart attack of an employe was unrelated to his employment thus precluding receipt of benefits under The Pennsylvania Workmen's Compensation Act, Act 1915, June 2, P.L. 736, will not be disturbed on appeal although competent medical evidence to the contrary was also produced, as questions of credibility and the resolution of conflicts in the evidence are for the factfinder, not the reviewing court. [350]
Argued December 4, 1979, before Judges WILKINSON, JR., ROGERS and BLATT, sitting as a panel of three.
Appeal, No. 1098 C.D. 1978, from the Order of the Workmen's Compensation Appeal Board in case of Alvin Logue v. Borough of McKees Rocks, No. A-74212.
Petition with the Department of Labor and Industry for workmen's compensation benefits. Benefits denied. Petitioner appealed to the Workmen's Compensation Appeal Board. Denial affirmed. Petitioner appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Ronald P. Koerner, with him Gatz, Cohen, Segal Koerner, for petitioner.
Leonard P. Kane, Jr., with him Fried, Kane, Walters Zuschlag, for respondents.
Alvin Logue has appealed from a decision of the Workmen's Compensation Appeal Board (Board) affirming a referee's denial of workmen's compensation benefits which Logue sought under Section 108(o) of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, § 108, as amended, added by Section 1 of the Act of October 17, 1972, P.L. 930, § 1, as amended, 77 P. S. § 27.1. We affirm.
Logue, a fireman for eighteen years, applied for workmen's compensation benefits after suffering a heart attack while on duty at the stationhouse. Logue's employer, the Borough of McKees Rocks, Challenged his application for benefits on the ground that Logue's employment did not cause or contribute to his heart attack. At a referee's hearing, each Logue and his employer offered into evidence the deposition of a medical expert. The experts differed. The referee, after carefully reviewing the testimony of both medical experts, found the employer's expert's testimony more credible than Logue's expert and denied benefits to Logue. The Board subsequently affirmed.
Logue contends that the referee and the Board capriciously disregarded evidence that Logue's employment caused or contributed to his heart attack and that the referee should have based his findings on his, rather than the employer's, evidence. Since we have here a case of conflicting medical opinion, each party's being competent, we cannot say that the necessary rejection of one, in this case Logue's, was arbitrary or capricious. The credibility of a medical expert and the weight to be given his testimony are matters within the province of the referee and a finding supported by substantial evidence will not be disturbed by a reviewing court. Walther v. Workmen's Compensation Appeal Board, 37 Pa. Commw. 122, 388 A.2d 1166 (1978).
Accordingly, we enter the following:
ORDER
AND NOW, this 8th day of January, 1980, the order of the Workmen's Compensation Appeal Board denying workmen's compensation benefits to Alvin Logue is affirmed.
This decision was reached prior to the expiration of the term of office of Judge DiSALLE.