Opinion

Sokol v. Workmen's Compensation Appeal Board

  • 91 Pa. Commw. 396
  • 497 A.2d 670
  • 1985 Pa. Commw. LEXIS 1159
Court
Commonwealth Court of Pennsylvania
Filed
Aug 28, 1985
Status
Published
Author
Blatt
On the bench
Blatt, Colins, MacPhail, Maophail
Cited by
15 cases
Authority
More cited than 9.1%

The opinion

Dissenting Opinion by

Judge Blatt :

I respectfully dissent. I can not agree with the majority’s conclusion that the nexus between the act of “patting down” a prison inmate and a ruptured disc is “so immediate, direct and natural to common experience as to obviate any need for expert medical opinion.” Kistler v. Workmen’s Compensation Appeal Board, 54 Pa. Commonwealth Ct. 334 , 421 A.2d 500 (1980).

Moreover, my understanding of our Supreme Court’s opinion in Morgan v. Giant Markets, Inc., 483 Pa. 421 , 397 A.2d 415 (1979) leads me to believe that lay testimony concerning pain can be evidence of an injury only where the causal connection between the accident and the disability has first been deemed obvious. And whether or not .that connection is obvious is a question of law. It seems to me, therefore, that, even where a referee would choose to believe the claimant’s testimony regarding pain experienced in the course of employment, the underlying legal question of causation remains reviewable by the Board and by this Court.

The majority opinion appears to imply that, because the referee .accepted as true the claimant’s statement that he experienced pain in the course of “pat *402 ting down” a prison inmate, causation has been established. I would maintain-, however, that where, as here, the ordinary person would not view a ruptured disc as -being a normal consequence of a “pat down”, unequivocal medical evidence is needed to establish the claimant’s right to benefits.

Accordingly, I would have affirmed the Board’s denial of benefits in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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