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Morgan v. Giant Markets, Inc.

Supreme Court of Pennsylvania
Jan 24, 1979
483 Pa. 421 (Pa. 1979)

Summary

In Morgan, this Court held that "[w]here one is doing an act that requires force or strain and pain is experienced at the point of force or strain, the injury may be found to have been established."

Summary of this case from Cardyn v. W.C.A.B

Opinion

Argued November 13, 1978.

Decided January 24, 1979.

Appeal from the Commonwealth Court, No. 568 C.D. 1976, 28 Pa. Commw. 439, 368 A.2d 885.

Robert J. Nolan, Gelb Myers, Scranton, for claimant-appellant.

Joseph A. Murphy, Lenahan, Dempsey Murphy, John R. Lenahan, Jr., Scranton, for appellee.

James N. Diefenderfer, Allentown, for Workmen's Compensation Board.

Before EAGEN, C. J., and ROBERTS, NIX, MANDERINO and LARSEN, JJ.


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 delivery truck. On the day that appellant was injured, he was attempting to unload a stack of empty pans, by pushing them toward the rear door of the truck, from the inside. While bracing his feet against the front interior of the truck and pushing the stack of pans with his hands, appellant's lower back "gave-way" and he collapsed. At that moment, appellant experienced "a lot of pain", and, "a feeling of being paralyzed". Appellant crawled out of the truck and walked in a bent over position into the bakery. Once inside, appellant informed the shop foreman of his injury, and he was permitted to refrain from lifting for the remainder of the shift. (At the end of the shift, appellant was laid-off due to lack of work).

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. Commw. 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. Commw. 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.

We are reversing the Commonwealth Court in the instant case. Where one is doing an act that requires force or strain and pain is experienced at the point of force or strain, the injury may be found to have been established. Pain is an excellent symptom of an injury. Of course, the trier of fact will determine the credibility of the witness's testimony as to the total situation. We, therefore, find substantial competent evidence in the record to support the conclusion of the Workmen's Compensation Board of Appeals, that the above facts establish a causal connection between the work incident and appellant's injury. Pages Department Store v. Velardi, 464 Pa. 276, 346 A.2d 566 (1975).

Accordingly, we reverse the Commonwealth Court and reinstate the decision of the Workmen's Compensation Board of Appeals awarding appellant compensation benefits.

ROBERTS, J., concurs in the result.

EAGEN, C. J., filed a dissenting opinion.

O'BRIEN, J., did not participate in the decision of this case.

POMEROY, Former J., did not participate in the consideration or decision of this case.


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. Commw. 471, 364 A.2d 508 (1976); Workmen's Compensation Appeal Board v. Czepurnyj, 20 Pa. Commw. 305, 340 A.2d 915 (1975).

The circumstances surrounding the incident do not establish an obvious causal relationship between the work incident and the injury. It was, therefore, incumbent upon claimant to establish the causal connection by unequivocal medical testimony. This he failed to do although he claims to have been treated by an orthopedic surgeon for months.


Summaries of

Morgan v. Giant Markets, Inc.

Supreme Court of Pennsylvania
Jan 24, 1979
483 Pa. 421 (Pa. 1979)

In Morgan, this Court held that "[w]here one is doing an act that requires force or strain and pain is experienced at the point of force or strain, the injury may be found to have been established."

Summary of this case from Cardyn v. W.C.A.B

In Morgan v. Giant Markets, Inc., 483 Pa. 421, 397 A.2d 415 (1979), our Supreme Court allowed compensation where the claimant failed to produce medical evidence to establish a causal relationship between the work incident and his injury. The claimant experienced severe pain while attempting to unload his truck at work, and immediately reported the incident to his shop foreman.

Summary of this case from Odd Fellow's Home v. Workmen's Compensation Appeal Board

In Morgan v. Giant Markets, 483 Pa. 421, 397 A.2d 415 (1979), the claimant was unloading a truck when he felt his lower back "give-way" and then collapsed.

Summary of this case from Cardyn v. W.C.A.B

In Morgan, our Supreme Court found that testimony to the effect that the claimant's back "gave way" while he was manually unloading a truck and that he experienced "a lot of pain" and "a feeling of being paralyzed" provided substantial evidence to support the conclusion of the Board and the referee that there was a causal connection between the claimant's employment and his disability.

Summary of this case from L.V. Manpower Program v. W.C.A.B. et al

In Morgan, the Supreme Court of Pennsylvania held that unequivocal medical testimony is not needed to show causation where the person is doing an act requiring force or strain and pain is felt at the point of strain.

Summary of this case from Child. A. F.S. et al. v. W.C.A.B. et al

In Morgan, the Supreme Court, noting that it is for the trier of fact to determine the credibility of the claimant's testimony in such a situation, reached a conclusion awarding benefits because the decision of the board and referee indicated acceptance of the credibility of the testimony.

Summary of this case from Trumpikas v. Dept. of Public Welfare

In Morgan v. Giant Markets, Inc., 483 Pa. 421, 397 A.2d 415 (1979), our Supreme Court stated: "Where one is doing an act that requires force or strain and pain is experienced at the point of force or strain, the injury may be found to have been established."

Summary of this case from Shenango China v. W.C.A.B. et al
Case details for

Morgan v. Giant Markets, Inc.

Case Details

Full title:William Dennis MORGAN, Claimant-Appellant, and Workmen's Compensation…

Court:Supreme Court of Pennsylvania

Date published: Jan 24, 1979

Citations

483 Pa. 421 (Pa. 1979)
397 A.2d 415

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