Opinion

Farquhar v. Workmen's Compensation Appeal Board

  • 515 Pa. 315
  • 528 A.2d 580
  • 1987 Pa. LEXIS 750
Court
Supreme Court of Pennsylvania
Filed
Jul 9, 1987
Status
Published
Author
Nix
On the bench
Larsen, Nix, Hutchinson, Flaherty, Zappala, Papadakos
Cited by
61 cases

holding that, claimant entitled to benefits even though she could perform time-of-injury job and was symptom free because continued employment would place her at risk of serious injury from blood clot caused by original work injury

How later courts described this case

  • holding that, claimant entitled to benefits even though she could perform time-of-injury job and was symptom free because continued employment would place her at risk of serious injury from blood clot caused by original work injury
  • noting that a medical witness’s entire testimony must be reviewed and taken as a whole and a final decision should not rest upon words taken out of context of the entire testimony
  • claimant entitled to workers’ compensation benefits even though she was physically capable of performing time-of-injury job and did not currently display symptoms, where continued employment placed her at risk of serious or fatal injury resulting from blood clot caused by original injury
  • unequivocal medical testimony established that claimant “should never return to work as a screen-maker, and that to do so would be like playing Russian Roulette”

Written by the judges who cited it.

Distinguished

  • Distinguished by Bethlehem Steel Corp. v. Workmen's Compensation Appeal Board, 550 Pa. 658 (1998)

    Farquhar is distinguishable from this case because it is undisputed that Baxter’s asthma was a pre-existing condition and was not directly caused by his employment.
    Supreme Court of PennsylvaniaMar 9, 1998Read it
  • Distinguished by Cyclops Corporation/Sawhill Tubular Division v. Workmen's Compensation Appeal Board, 158 Pa. Commw. 595 (1993)

    Employer argues that our Supreme Court’s decisions in Pawlosky and Farguhar are inapplicable to the instant case, because neither testifying physician presented an unequivocal opinion that claimant’s return to work would aggravate his lung condition.
    Commonwealth Court of PennsylvaniaSep 30, 19932 citing opinionsRead it

The opinion

NIX, Chief Justice,

concurring.

My reading of this record satisfies me that the medical testimony establishes that Ms. Farquhar did not, prior to her employment as a screen-maker, possess a physiologic propensity that caused the thrombosis, but rather the condition resulted from her activities while engaged in that *334 employment. I therefore agree that she is entitled to benefits because her present susceptibility to blood clots results from her former employment and the employer made no attempt to establish the availability of other suitable work accessible to appellant.

I also agree that section 440 of the Workmen’s Compensation Act, 77 P.S. § 996 (Supp.1986), is here applicable; and I therefore join in the mandate of the Court.

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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